
    GILLAN, Appellant, v. NEW YORK CENT. & H. R. R. CO., Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    October 11, 1904.)
    Action by James Gillan against the New York Central & Hudson River Railroad Company.
   PER CURIAM.

Having been twice passed, the appeal herein is dismissed, with costs, pursuant to rule 39 of the general rules of the Supreme Court.  