
    HALL, Respondent, v. NEW YORK, C. ST. L. R. CO., Appellant.
    (Supreme Cor Appellate Division, Fourth Department.
    Ma 21, 1906.)
    Action by George Hall against 1 New York, Chicago & St. Louis Railroad Cc pany.
   PER CURIAM.

Judgment and order versed, and new trial ordered, with costs to 1 appellant to abide the event.

McLennan, P. j., and NASH, J.,

vote : reversal, on the ground that plaintiff, as mat of law, failed to establish freedom from contr utory negligence. SPRING and WILLIAS: JJ., vote for reversal on the ground that 1 verdict is contrary to the evidence, both as the negligence of the defendant and contribute negligence of the plaintiff. KRUSE J., dissen and votes for affirmance.  