
    VANDENBOUT, Respondent, v. ROCHESTER RY. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    January 19, 1910.)
    Action by Nellie Vandenbout, as administratrix, against the Rochester Railway Company.
   PER CURIAM.

Judgment and order affirmed, with costs. See, also, 129 App. Div. 844, 114 N. Y. Supp. 760.

McLennan, P. j., and ROBSON, J.,

dissent, upon the ground that as matter of law plaintiff’s intestate was not shown to be free from contributory negligence.  