Majority
p. 1007NATHANIEL P. BAILEY and Others, App’lts, v. THE NEW YORK ARCADE RAILWAY, Resp’t.
Headnote
Constitutional law.—The appeal in this action presents the same objections and. points as are raised in the Case of Astor and others against the game defendant (16 N. Y. State Rep., 141). It requires no further examination for its disposition, hut the same direction should be given concerning it that has already been given for the disposition of the other case.
The judgment should be reversed and judgment entered sustaining the demurrer, with leave to the defendent to answer on payment of costs of the demurrer, and the costs of the appeal.