
    GATES v. BUFFALO, R. & P. RY. CO.
    (Supreme Court, Appellate Division, Fourth Department.
    October 16, 1912.)
    Action1 by Margaret E. Gates, as administratrix, etc., against the Buffalo, Rochester & Pittsburgh Railway Company.
   PER CURIAM.

Plaintiff’s exceptions overruled, motion for new trial denied, with costs, and judgment directed for the defendant upon the nonsuit, with costs. See, also, 143 App. Div. 960, 128 N. Y. Supp. 1124.

KRUSE, J.,

dissents, upon the ground that the evidence was sufficient to make the question of contributory negligence of plaintiff’s intestate, as well as the defendant’s negligence,' a question of fact. SPRING, J., not sitting.  