Majority
Judgment and order reversed, and new trial granted, costs to abide the event, upon the grounds (a) that the finding imported by the verdict, to the effect that the whistle did not blow, is against the greater weight of the evidence; (b) that the charge was confusing upon certain material points, viz., in charging in effect, that negligence could be found from the absence of a flagman and later that it could not, and in charging in like contradiction as to the question of speed; and (c) that the charge upon the subject of the signboard or post was erroneous. It is to be noted that the response to the thirty-fourth request to charge was in effect to grant it, viz., “I have already charged this proposition.” Jenks, P. J., and Mills and Putnam, JJ., concur. Thomas and Stapleton,' JJ., vote to affirm.