
    MACKOWIAK, Respondent, v. BUFFALO & L. E. TRACTION CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    February 3, 1909.)
    Action by Frank Mackowiak against the Buffalo & Lake Erie Traction Company.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that the verdict of the jury is contrary to and against the weight of the evidence.

ROBSON, J., dissents.  