
    Alfred SCHMITT, respt., v. PENNSYLVANIA R. R. CO., applt.
    (Supreme Court, Appellate Division, Fourth Department.
    January 22, 1916.)
   Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held: (1) That the so-called “Safety Appliance Act,” requiring 85 per cent, of the cars in a train to be equipped with air brakes, has no application to a switching operation such as is disclosed- by the evidence in this case, and that the. submission to the jury of that issue was error. U. S. v. Erie R. R. Co., 237 U. S. 402, 35 Sup. Ct. 621, 59 L. Ed. 1019. (2) That at the time of the accident the defendant was engaged in interstate commerce. (3) That upon the issue of the negligence of the defendant, the verdict is against the weight of the evidence. All concur.  