
    Kathryn G. Kimball, as Administratrix of the Estate of Nathan C. Kimball, Deceased, Respondent, v. The New York Central Railroad Company, Appellant.
    
      Kimball v. N. Y. Central R. R. Co., 175 App. Div. 965, affirmed.
    (Argued May 10, 1918;
    decided May 28, 1918.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 20, 1916, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action under the Federal Employers’ Liability Act to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant, his employer. Intestate was a brakeman and while engaged adjusting a coupling between two cars, the train was started, as alleged, without notice to intestate and he was caught and crushed between the cars. The answer set up contributory negligence and assumption of risk. The trial court directed a verdict for plaintiff, submitting to the. jury only the question of damages.
    
      Louis L. Babcock for appellant.
    
      Hamilton Ward and Irving W. Cole for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: , His cock, Ch. J., Chase, Hogan, Cardozo, Pound, McLaughlin and Andrews, JJ.  