
    Mary L. Stevenson, as Administratrix de Bonis Non of the Estate of James H. Stevenson, Deceased, Respondent, v. New York and Long Branch Railroad Company, Appellant, Impleaded with Another.
    , Stevenson v. N. Y. & Long Branch R. R. Co., 175 App, Div. 902, affirmed.
    (Argued June 6, 1918;
    decided July 12, 1918.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 17, 1916, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. Intestate while crossing defendant appellant’s • tracks in an automobile was struck by a train and killed. It was contended that appellant was negligent owing to the failure of its flagman, who was stationed at this crossing at the time of the accident, to lower the safety gates or give any warning of the approach of the train; also in its maintenance of the crossing in such condition, owing to cars on the various tracks and other obstructions, that it was impossible for a traveler, crossing, to see an approaching train until actually upon the tracks. The answer contained a general denial and a separate defense of contributory negligence.
    
      Joseph M. Hartfield for appellant.
    
      John Ewen for respondent. •
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin; Cuddeback, Hogan, Cardozo and McLaughlin, JJ,  