Opinion
April, 1916.
Judgment affirmed, with costs, upon the authority of Goodenough v. New York, Westchester Boston R. Co., decided herewith ( ante, p. 948). Jenks, P.J., Thomas, Carr and Rich, JJ., concurred; Mills, J., dissented upon the sole ground that the construction and operation of a railroad for public use are not within the prohibition of the restrictions.