
    DEPIRRO, Respondent, v. JOHN N. ROBINS CO., Appellant.
    (Supreme Court, Appellate Division, Second Department.
    January 12, 1912.)
    Action by Pietro Depirro, as administrator, etc., of Andrea M. Depirro, deceased, against the John N. Robins Company.
   PER CURIAM.,

Judgment and order affirmed, with costs.

BURR, J.,

dissents, on the ground that there was no proof of freedom from contributory negligence (Riceman v. Havemeyer, 84 N. Y. 647; Geoghegan v. Atlas Steamship Co., 3 Misc. Rep. 224, 228, 22 N. Y. Supp. 749, s. c. 146 N. Y. 369, 371, 40 N. E. 507), and also that the requests to charge at folios 191 and 192 were improperly refused.  