
    New York Central Railroad Company, Appellant, v. Thomas D. Palella et al., Individually and Trading as Palella Brothers, Appellee.
    Gen. No. 41,052.
    
      O ’Connor, P. J., dissenting.
    opinion filed July 2, 1940.
    Sidney C. Murray, Frederick W. Flott and John B. Kneipple, for appellant; no appearance for appellee.
   Opinion by

Justice McSurely.

“Not to be published in full.”  