
    ROWE, Respondent, v. HENDRICKS, Appellant.
    (Supreme Court, Appellate Division, Third Department.
    December 30, 1912.)
    Action by George E. Rowe against David B. Hendricks.
   PER CURIAM.

Judgment and order reversed, with costs, upon the ground that the plaintiff was guilty of contributory negligence, and complaint dismissed, with costs.

BETTS and LYON, JJ.,

dissent on the ground that there was a question of fact for the jury.  