
    PALMER, Respondent, v. BUFFALO, R. & P. R. Co., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    March 3, 1909.)
    Action by Johanna H. Palmer, as administratrix, etc., against the Buffalo, Rochester & Pittsburg Railroad Company.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that the court erred in submitting the case to the jury under the provisions of the federal employer’s liability act, and, further, that the plaintiff’s intestate was guilty of contributory negligence as matter of law.  