
    KELLY, Respondent, v. NEW YORK, C. & ST. L. R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    December 1, 1909.)
    Action by Blichael Kelly, as administrator, etc., against the New York, Chicago & St. Louis Railroad Company.
   PER CURIABI.

Judgment and order affirmed, with costs.

McLENNAN, P. J., and WILLIAMS, J.,

dissent, upon the ground that as matter of law plaintiff’s intestate .was guilty of contributory negligence.  