Majority
p. 912Thomas Johnson, as Administrator, etc., of Thomas Johnson, Deceased, Respondent, v. Westchester Street Railroad Company, Appellant.
Judgment and order reversed and new trial granted, costs to abide the event. Thomas and Mills, JJ., voted upon the ground that the court erred in its refusal to charge as requested at folio 659 of the record; Jenks, P. J., and Putnam, J, voted upon the ground that the verdict, which necessarily, absolved plaintiff from contributory negligence was contrary to the weight of the evidence; Kelly, J., voted to affirm.