Majority
p. 1136HALL, Respondent, v. NEW YORK, C. ST. L. R. CO., Appellant. (Supreme Cor Appellate Division, Fourth Department. Ma 21, 1906.)
Headnote
Action by George Hall against 1 New York, Chicago & St. Louis Railroad Cc pany.Judgment and order versed, and new trial ordered, with costs to 1 appellant to abide the event.
vote : reversal, on the ground that plaintiff, as mat of law, failed to establish freedom from contr utory negligence. SPRING and WILLIAS: JJ., vote for reversal on the ground that 1 verdict is contrary to the evidence, both as the negligence of the defendant and contribute negligence of the plaintiff. KRUSE J., dissen and votes for affirmance.