Majority
p. 841Seth Creighton, Appellant, v. New York State Railways, Respondent.
Judgment affirmed, with costs. AU concur, except Taylor and Thompson, JJ., who dissent and vote for reversal on the ground that the questions of negUgence and contributory negligence were fairly questions of fact for the jury. Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.