
    NORTHRUP, Respondent, v. POUGHKEEPSIE CITY & W. F. ELECTRIC RY. CO., Appellant.
    (Supreme Court, Appellate Division, Second Department.
    June 19, 1902.)
    Action by James P. Northrup against the Poughkeepsie City & Wappinger Falls Electric Railway Company.
   PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, on the ground of the error at folio 135 'of the case, involved in the refusal of the court to charge that if the jury find that if the plaintiff had looked and listened, and by so doing he would have avoided the accident, then he cannot recover, although the defendant may also be- guilty of negligence.

GOODRICH, P. J.,

dissents, on the ground that the previous portion of the charge properly instructed the jury, taken in connection with the modification stated by the court at the time of this request.  