Majority
p. 716Eva M. Root, as Surviving Administratrix, etc., of Floyd Root, Deceased, Respondent, v. The Delaware and Hudson Company, Appellant.
Judgment and order reversed, on the law and facts, and new trial granted, with costs to the appellant to abide the event, on the ground that the verdict is against the weight of the evidence as to the negligence of the defendant and the contributory negligence of the plaintiff’s intestate. Van Kirk, P. J., Hinman and Hasbrouck, JJ., concur; Davis and Whitmyer, JJ., dissent.