
    Golde Ploxin, as Administratrix of the Estate of Louis Ploxin, Deceased, Appellant, v. Brooklyn Heights Railroad Company, Respondent.
    
      Ploxin v. Brooklyn Heights R. R. Co., 171 App. Div. 925, affirmed.
    (Argued January 22, 1917;
    decided February 6, 1917.)
    Appeal from a judgment, entered November 29, 1915, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover for the death of plaintiff’s intestate alleged to have -been occasioned through the negligence of the defendant. The intestate was killed while walking across Eulton street in the borough of Brooklyn by a west-bound car of the defendant. He crossed in the middle of the block between Jay and Lawrence streets, and, according to the evidence of two witnesses for the plaintiff, was hit by a trolley car on the further track. At the time of the accident the night was clear, the street and the car in question were lighted, and the view for several hundred feet unobstructed, with no car or other vehicle in the street to distract the attention of the deceased from the car that struck and killed him. The Appellate Division dismissed the complaint upon the stated ground that the plaintiff’s evidence establishes as matter of law that decedent was guilty of contributory negligence.
    
      Thomas J. O’Neill and Leonard F. Fish for appellant.
    
      John L. Wells and George D. Yeomans for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chare, Collin, Cuddebaoic and Crane, JJ. Dissenting: Hogan and Cardozo, JJ.  