
    WHIPPO, Respondent, v. ERIE R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    March 12, 1901.)
    Action by John K. Whippo against the Erie Railroad Company.
   PER CURIAM.

Judgment and order revers- ■ ed, and a new trial ordered, with costs to the appellant to abide event. Held, that the evi- ■ dence fails to establish the absence of contributory negligence.  