
    LOESCHAUER, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    February 2, 1910.)
    Action by Catharine Loeschauer, as administratrix, etc., against the New York Central & Hudson River Railroad Company.
   PER CURIAM.

Judgment and order affirmed, with costs. See, also, 128 App. Div. 909, 112 N. Y. Supp. 1135.

McLENNAN, P. j., dissents, upon the ground that there is no evidence tending to show that the absence of the rail, which is the charge of negligence against the defendant, in any way contributed to the accident.  