
    Fourth Department,
    June, 1913.
    Joseph Subczak, Respondent, v. American Locomotive Company, Appellant.
   Judgment and order reversed and the complaint dismissed, with costs, including costs of this appeal. Held, 1. That the plaintiff failed to establish his freedom from contributory negligence. 2. That the finding of the jury that the defendant was guilty of negligence is contrary to and against the weight of the evidence. All concurred; Lambert, J., not sitting.  