Opinion
November, 1910.
Present — Ingraham, P.J., McLaughlin, Laughlin (dissenting), Miller and Dowling, JJ.
The questions in this case were substantially determined on the former appeal ( 130 App. Div. 1). No further discussion of the case is necessary, and as the questions there indicated were presented to the jury their verdict should control. The judgment and order are, therefore, affirmed, with costs.
Judgment and order affirmed, with costs.
I dissent on the ground that the court erred in charging the plaintiff's fifth request.