
    SMITH, Respondent, v. BUFFALO, R. & P. R. Co., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    December 28, 1906.)
    Action by Earl D. Smith against the Buffalo, Rochester & Pittsburgh Railroad Company.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide the event, upon the ground that the evidence fails to establish actionable negligence on the part of the defendant.

SPRING and KRUSE. JJ., dissent.  