Helena M. Whittaker, as Administratrix, etc., of George Wilbur Whittaker, Deceased, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant

Fourth Department, November, 1912. Helena M. Whittaker, as Administratrix, etc., of George Wilbur Whittaker, Deceased, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant. Appeal, from a judgment of the Supreme Court, entered in the Erie county clerk’s office on the 14th day of March, 1912, and also from an order entered on the 21st day of March, 1912, denying a motion for a new trial. Judgment and order affirmed, with costs. All concurred, except [MAJORITY — McLennan, P. J.,] McLennan, P. J., who dissented in a memorandum upon the ground: Mrst, that it is not shown by the evidence that the slipping of the handlebar, if it slipped, was the proximate cause of the accident. Second, that there is no probative evidence to show that the defendant knew or had occasion to know, in the exercise of the highest degree of care, that the pin which would have prevented the slipping of the handlebar was out of place.