Majority
p. 986William McBride, as Administrator, etc., Respondent, v. Howes Transportation and Contracting Company, Appellant, Impleaded with Another.
Judgment and order affirmed, with costs. No opinion. Present — Clarke, P. J., McLaughlin, Laughlin, Scott and Dowling, JJ.; Clarke, P. J., dissented upon the ground that the verdict based upon the use of a whip by the driver is against the weight of evidence.