
    Gale v. Fitchburg R. Co., (two cases.)
    
      (Supreme Court, General Term, Third Department.
    
    November 20, 1888.)
    Appeal from special term, Bensselaer county.
    Actions by John B. Gale against the Fitchburg Bailroad Company. The facts in these cases are the same as in Janes v. Railroad Co., 3 H. Y. Supp. 165, with which they were heard. Defendant appeals.
    Argued before Learned, P. J., and Landon and Ingalls, JJ.
    
      E. Cowen, for appellant. John B. Gale, for respondent.
   Judgment reversed, and a new trial granted, costs to abide the event. Learned, P. J., dissenting.  