
    Thomas F. Crosby, Respondent, v. Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company, Appellant.
    Judgment and order reversed, with costs, and complaint dismissed, with costs, ©n the ground that the evidence fails to show that the defendant is chargeable with negligence and shows that the plaintiff was chargeable with contributory negligence as a matter of law.
   Present — Clarke, P. J., Dowling, Smith, Page and Shearn, JJ.; Smith and Shearn, JJ., dissented.  