
    Rose Herkert, as Administratrix, etc., of Louis Herkert, Deceased, Respondent, v. Yawman and Erbe Manufacturing Company, Appellant.
   Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Held, that as matter of law the defendant was not shown guilty of actionable negligence and that plaintiffs intestate was guilty of contributory negligence as matter of law.

All concurred, except Spring and Kruse, JJ., who dissented.  