Opinion
January, 1913.
Present — Ingraham, P.J., McLaughlin, Laughlin, Clarke and Scott, JJ. (Laughlin and Scott, JJ., dissented.)
Judgment affirmed. No opinion.
I dissent from the affirmance and vote for reversal and for the discharge of the defendant on the authority of Thompson v. New Academy Theater Co. ( 149 App. Div. 932, decided March 13, 1912), People ex rel. Cisco v. School Board ( 161 N.Y. 598), and Plessy v. Ferguson ( 163 U.S. 537). Scott, J., concurred.