Majority
p. 913Joseph Burkhardt, as Administrator, etc., Respondent, v. Acker, Merrall & Condit Co. and Forty-second Street, Manhattanville and St. Nicholas Avenue Railway Company, Appellants.
Judgment affirmed, with costs to Acker, Merrall & Condit Co. and reversed and complaint dismissed as to railroad company. No opinion. Present — Clarke, P. J., Laughlin, Smith, Page and Shearn, JJ.; Laughlin and Page, JJ., dissented as to railroad company. Order to be settled on notice.