
    HALL, Respondent, v. NEW YORK, C. & ST. L. R. CO., Appellants.
    (Supreme Court, Appellate Division, Fourth Department.
    May 22, 1907.)
    Action by George Hall against the New York, Chicago & St. Louis Railroad Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

McLENNAN, P. j.,

dissents, and votes for reversal on the ground that the plaintiff was guilty of contributory negligence as matter of law (Fiddler v. N. Y. C., etc., 64 App. Div. 95, 71 N. Y. Supp. 721 ; Fealey v. Bull, 163 N. Y. 397. 57 N. E. 631 ; Culhane v. N. Y. C., etc., 60 N. Y. 133 : Rich v. Pa. R. R. Co., 112 App. Div. 818. 98 N. Y. Supp. 678), and also on the ground that the finding of the jury that the defendant was guilty of negligence which was the proximate cause of the accident was contrary to and against the weight of evidence.

ROBSON, J., not voting.  