
    Fourth Department,
    June, 1907.
    Daniel W. Krinbill, Respondent, v. Rochester Railway Company, Appellant.
   — Order reversed and'new trial granted, with costs to the appellant to abide the event. Held, that any negligence of the person in charge of the horses in leaving them unhitched and unattended was imputable to the plaintiff, and that leaving the horses unhitched and unattended under the circumstances disclosed by the evidence in the casé was sufficient to require the question of contributory negligence to-be-submitted to the jury. All concurred; Robson, J., not sitting.  