Majority
p. 924Ferdinand Gombert, Respondent, v. Niagara Junction Railway Company, Appellant.
Judgment and order reversed and judgment directed for the defendant dismissing the complaint upon the merits, with costs, including costs of this appedl. Held, that the uncontradicted evidence shows that the plaintiff was guilty of contributory negligence as matter of law. All concurred, except Kruse, J., who dissented and voted for affirmance.