Majority
p. 619Ada M. Dow-Currier, Respondent, v. David Henderson, Appellant.
Motion denied, with ten dollars costs. The case of Tozer v. N. Y. C. & H. R. R. R. Co. ( 105 N. Y. 617 ) was not overlooked, hut the question arose in that case quite differently from the manner in which it is presented in the case at bar.