Opinion
January, 1912.
Judgment and order affirmed, with costs. No opinion. Jenks, P.J., Thomas, Woodward and Rich, JJ., concurred; Burr, J., dissented, on the ground that there was no proof of freedom from contributory negligence ( Riceman v. Havemeyer, 84 N.Y. 647; Geoghegan v. Atlas Steamship Co., 3 Misc. Rep. 224, 228; 146 N.Y. 369, 371), and also that the requests to charge at folios 191 and 192 were improperly refused.