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Barbara Fleishman, by her next friend and father, Adam Fleishman v. The Neversink Mountain Railroad Company
Per Curiam,
We agree with the learned court below in their views of this ease. There is no evidence of negligence on the part of the motorman. He could not anticipate the sudden action of the child in attempting to cross the track immediately in front of the car, and his failure to do so is not negligence.
Judgment affirmed.