Opinion
Submitted April 27, 1910
Decided May 17, 1910
Edwin L. Dolson for appellant.
Daniel J. Kenefick for respondent.
Order of Appellate Division reversed and that of Special Term affirmed, with costs in both courts, on the authority of Johnson v. Phœnix Bridge Co. ( 197 N.Y. 316). Question certified answered in the affirmative; no opinion.
Concur: CULLEN, Ch. J., GRAY, HAIGHT, VANN, WERNER and HISCOCK, JJ.