
    VAN ALSTINE, Respondent, v. SYRACUSE RAPID TRANSIT RY. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    January 11, 1931.)
    Action by William H. Van Alstine against the Syracuse Rapid Transit Railway Company.
   1 PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event, upon the ground that the finding of the jury that the plaintiff was free from contributory negligence is contrary to and against the weight of the evidence.

McLennan, P. j., and KRUSE, j.,

dissent, and vote for affirmance.  