
    WILSON, Respondent, v. NEW YORK, O. & W. RY. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    November 28, 1906.)
    Action by Lewis E. Wilson, as administrator, etc., against the New York, Ontario & Western Railway Company.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide the event upon questions of law and fact. Held, that the plaintiff was guilty of contributory negligence as matter of law, that the finding of the jury that the defendant was guilty of negligence which contributed to the injury is against the weight of the evidence, and also that there are reversible errors in the charge.

SPRING, J., concurs on first ground only.  