
    Charles H. Mills, Respondent, v. The New York, New Haven and Hartford Railroad Company, Appellant.
    Judgment and order reversed and new trial granted, costs to abide the event. We think that the great preponderance of evidence is to the effect that plaintiff could have seen the engine approaching if he had looked; the darkness was not sufficient to prevent this.
   Jenks, P. J., Burr and Putnam, JJ., concurred; Rich and Stapleton, JJ., dissented.  