Majority
p. 954Margaret E. Gates, as Administratrix, etc., of Harry W. Gates, Deceased, Plaintiff, v. Buffalo, Rochester and Pittsburg Railway Company, Defendant.
Plaintiff’s exceptions overruled, motion for new trial denied, with costs, and judgment directed for the defendant upon the nonsuit, with ■costs. All concurred, except Kruse, J., who dissented 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, question of fact. Spring, J., not sitting.