Majority
p. 768Jane Cassidy, as Administratrix, etc., of Patrick J. Cassidy, Deceased, Respondent, v. Fonda, Johnstown and Gloversville Railroad Company, Appellant.
Motion for reargument denied. Decision and order amended to read as follows: Judgment and order reversed and complaint dismissed, with costs. Opinion by H. T. Kellogg, J. [Reported in 200 App. Div. 241 .] All concur, except Cochrane, P. J. dissenting.