
    COFFEY, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
    (Supreme Court, Appellate Division, Second Department.
    November 22, 1901.)
    Action by Catharine Coffey against the New York Central & Hudson. River Railroad Company.
   PER CURIAM.

Judgment and order reversed on argument, and new trial granted, costs to abide the event, on ground of error in charge to the effect that the jury could predicate defendant’s negligence on the fact that the gate at the highway crossing was not operated at night.  