Opinion
May, 1895.
Thos. E. Pearsall, for appellant.
Tracy, Boardman Platt, for respondent.
We cannot distinguish the case on this appeal from that on the former appeal. They are, substantially, the same, and, therefore, the judgment and order must be affirmed on the opinion of this court on the former appeal ( Cassidy v. Atlantic Ave. R.R. Co., 9 Misc. 275; 61 N.Y. St. Repr. 149), with costs.
Present: VAN WYCK and OSBORNE, JJ.
Judgment and order affirmed, with costs.