Majority
p. 842Nelson E. Graves, Respondent, v. James C. Davis, as Agent of the United States Railroad Administration, Appellant.
Judgment unanimously affirmed,
p. 843
with costs, upon the opinion of Mr. Justice Kelby at Trial Term. [Reported in Graves v. Hines, 116 Misc. Rep. 502 .] Present — Blackmar, P. J., Rich, Kelly, Jaycox and Young, JJ.