
    STALKER, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
    (Supreme Court, Appellate Division, Third Department.
    December 30, 1912.)
    Action by Alida C. Stalker, as administratrix, etc., of Stephen Stalker, deceased, against the New York Central & Hudson River Railroad Company, as lessee of the Boston & Albany Railroad.
   PER CURIAM.

Judgment and order affirmed, with costs.

KELLOGG and HOUGHTON, JJ.,

dissent, on the ground that the proof shows that the decedent exercised no care and was guilty of contributory negligence.  