Opinion
September 30, 1942.
Present — Crosby, P.J., Cunningham, Taylor, Harris and McCurn, JJ.
Judgment affirmed, with costs. All concur, except Crosby, P.J., who dissents and votes for reversal and for dismissal of the complaint on the ground that the evidence showed that plaintiff was guilty of contributory negligence as matter of law. (The judgment is for plaintiff in a railroad negligence action.)