
    KLEIN, Respondent, v. LONG ISLAND R. CO., Appellant.
    (Supreme Court, Appellate Division, Second Department.
    December 30, 1912.)
    Action by Elizabeth Klein, as executrix, etc., of Peter Klein, deceased, against the Long Island Railroad Company.
   PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, upon the ground that the evidence fails to establish either the negligence of defendant or freedom from contributory negligence on the part of plaintiff’s testator.

HIRSCHBERG, J., dissents.  