
    KINNEY, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    December 29, 1911.)
    Action by John W. Kinney against the New York Central & Hudson River Railroad Company.
   PER CURIAM.

Judgment and order reversed, and new trial granted, with costs to appellant to abide avent. Held, that the verdict is contrary to and against the weight of the evidence.

MCLENNAN, P. J., and KRUSE, J.,

concur in result, upon the ground that defendant was not shown guilty of actionable negligence, nor the plaintiff free from contributory negligence.  