
    KING, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    January 8, 1908.)
    Action by Michael King, as administrator, etc., against the New York Central & Hudson River Railroad Company.
   PER CURIAM.

Order reversed, and new trial ordered, with costs to appellant to abide event. Held, that the verdict of the jury that plaintiff’s intestate was free from contributory negligence was contrary to and against the weight of the evidence.

McLennan, P. J., and KRUSE, J., dissent, and vote for affirmance.  