Opinion
October, 1906.
Judgment and order affirmed, with costs. All concurred, except Kruse, J., who dissented upon the ground that the movement of the light engine by whistle signals only, which the court charged was safe and proper practice, was no evidence tending to prove that the unsafe and improper practice of moving engines with cars attached by whistle signals only without the hand, flag or lamp signals, and it was error to permit the jury to consider it for that purpose.