Opinion
December, 1915.
Present — Jenks, P.J., Thomas, Stapleton and Rich, JJ.
The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Judgment unanimously affirmed, with costs, for the reasons stated in Blaisdell v. Long Island Railroad Co. ( 152 App. Div. 218), on the question of liability. Any evidence received upon the second trial, not adduced upon the first, is purely cumulative, and does not piece out a cause of action.