Joseph Bambace, as Administrator, etc., of Felice Bambace, Deceased, Respondent, v. Interurban Street Railway Company, Appellant

Joseph Bambace, as Administrator, etc., of Felice Bambace, Deceased, Respondent, v. Interurban Street Railway Company, Appellant. Appeal from a judgment entered on a verdict and from an order denying- a motion for a new trial. Judgment and order reversed, new trial ordered, costs to appellant to abide event, unless plaintiff stipulates to reduce judgment, as entered, to $3,917.44, in which event judgment as so modified and order affirmed, without costs. [MAJORITY] No opinion. O’Brien, P. J., Patterson, McLaughlin and Houghton, JJ., concurred ; Laughlin, J., dissented. Settle order on notice. [DISSENT — Laughlin, J. (dissenting):] Laughlin, J. (dissenting): I dissent, upon the ground that the court erred in refusing to charge the ninth request presented by the defendant. I am of opinion that thére was evidence to warrant the jury in finding the facts recited therein, and that on those facts the defendant could not be charged with negligence, as there was no evidence that the car could have been stopped within five or six feet, and, furthermore, that the decedent would in such circumstances be deemed guilty of contributory negligence as matter of law.