
    SIMKOFF, Respondent, v. LEHIGH VALLEY R. CO., Appellant.
    (Supreme Court. Appellate Division, Fourth Department.
    March 13, 1907.)
    Action by Leonard Simkoff, an infant, etc., against the Lehigh Valley Railroad Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

McLENNAN, P. J.,

dissents on the ground that the finding of the jury that there was an opening between the outside edge of the southerly rail and the sidewalk planking, which was the only negligence submitted to the jury, was against the weight of the evidence, and also because of errors of the court in refusing to charge as requested.  