
    PITTS, Respondent, v. PENNSYLVANIA R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    January 27, 1909.)
    Action by Pearl E. Pitts against the Pennsylvania Railroad Company.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, unless the plaintiff within 20 days stipulates to reduce the verdict to the sum of $3,000 as of the date of the rendition thereof, in which event the judgment is modified accordingly, and, as so modified, is, together with the order, affirmed, without costs of this.appeal to either party.

KRUSE, J.,

dissents, and votes for reversal upon the ground that the trial judge erred in charging the jury that the defendant is liable if the accident was caused by the negligence of some one else, or an employs of some other railroad company, and holding the defendant absolutely liable for such negligence. Stoddard v. N. Y., N. H. & H. R. R. Co., 181 Mass. 422, 63 N. E. 927.  