Majority
p. 867Ida M. Dow-Currier, Resp’t, v. David Henderson, App’lt. Sup. Ct., 1 D., April 11, 1895.
No opinion. Motion denied, with $10 costs. The case of Tozer v. Railroad Co., 105 N. Y. 617 , was not overlooked, but the question arose in that case quite differently from the manner in which it is presented in the case at bar.