
    O’BRIEN, Respondent, v. NEW YORK, CENT. & H. R. R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    January 18, 1911.)
    Action by Frank O’Brien against the New York Central & Hudson River Railroad Company.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that as matter of law the defendant was not shown guilty of actionable negligence, and that the blowing of the whistle was not shown to be the proximate cause of the accident. See, also, 118 N. Y. Supp. 1025.

SPRING and ROBSON, JJ., dissent.  