Majority
p. 808J. Walter Smith, Individually and as Administrator of the Estate of Betty M. Smith, Deceased, et al., Appellants, v. Harry E. Schneider, Defendant, and Erie Railroad Company, Respondent.
Judgment insofar as appealed from affirmed, with costs. All concur. (Appeal from part of a judgment of Genesee Trial Term dismissing the complaint as to defendant Railroad Co. on the merits, on motion made at close of plaintiffs’ ease, in an automobile negligence action.) Present—McCurn, P. J., Vaughan, Kimball, Williams and Bastow, J J.