
    BETTINGER et al., Respondents, v. NEW YORK CENT. & H. R. R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    October 8, 1913.)
    Action by Albert A. Bettinger and another against the New York Central & Hudson River Railroad Company.
   PER CURIAM.

Judgment of Special Term and judgment of Buffalo City Court reversed, and a new trial granted in Buffalo City Court, to be held on the 22d day of October, 1913, at 10 a. m., with costs in all courts to appellant to abide the event. Held, that the driver of the wagon was guilty of contributory negligence as matter of law, and that his negligence is imputable to the plaintiffs.  