
    Joseph Masel, Respondent, v. The Brooklyn Heights Railroad Company, Appellant.
    Judgment and order of the County Court of Queens county reversed, and new trial ordered, costs to abide the event, on the ground that the evidence does not establish negligence on the part of defendant, or freedom from contributory negligence on the part of plaintiff.
   Jenks, P. J., Burr and Woodward, JJ., concurred; Hirschberg and Rich, JJ., voted for affirmance.  