
    STEPNIAK v. LAKE SHORE & M. S. RY. CO.
    (Supreme Court, Appellate Division, Fourth Department.
    December 6, 1906.)
    Action by George Stepniak against the Lake Shore & Michigan "Southern Railway Company.
   PER CURIAM.

Plaintiff’s exceptions sustained, and motion for new trial granted, with costs to the plaintiff to abide event. Held, that the questions of defendant’s negligence and absence of contributory negligence on the part of the plaintiff are questions of fact which should have been submitted to the jury.

McLennan, P., and NASH JJ., dissent.  