Majority
p. 947Rita Lidzy, as Administratix, etc., of Thomas Lidzy, Deceased, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.
Judgment reversed and new trial ordered,, with costs to appellant to abide event. ■ Held, that as matter of law.¡plaintiff’.s-ih£estatéassumed,thprisk and was guilty of
p. 948
contributory negligence. All concurred, except McLennan, P. J., and Spring, J,, who dissented.