
    BRODERICK, Respondent, v. DELAWARE, L. & W. R. CO., Appellant.
    (Supreme Court, Appellate Division, Third Department.
    November 13, 1907.)
    Action by John D. Broderick against the Delaware, Lackawanna & Western Railroad Company.
   PER CURIAM.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event, upon the ground that the finding of the jury that the plaintiff was free from contributory negligence is against the weight of evidence.

COCHRANE, J., dissents. SEWELL, J., not sitting.  