Majority
p. 968William Blaisdell, Appellant, v. Long Island Railroad Company, Respondent.
The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Judgment unanimously affirmed, with costs, for the reasons stated in Blaisdell v. Long Island Railroad Co. ( 152 App. Div. 218 ), on the question of liability. Any evidence received upon the second trial, not adduced upon the first, is purely cumulative, and does not piece out a cause of action. Present—Jenks, P. J., Thomas, Stapleton and Rich, JJ.