
    William F. Feeck, as Administrator of the Estate of William B. Bartholomew, Deceased, Appellant, v. The New York Central Railroad Company, Respondent.
    
      Feeck v. N. Y. Central B. B. Co., 180 App. Div. 253, affirmed.
    (Argued October 4, 1918;
    decided October 22, 1918.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered Deqember 3, 1917, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. Plaintiff’s intestate, an employee of the Delaware and Hudson Company, was struck by an engine of the defendant railroad on one of its tracks at the Schenectady station and killed. The said station was used jointly by the two railroads but each owned and maintained its separate tracks. The trial court dismissed the complaint on the ground that the intestate was a trespasser on defendant’s tracks and that it owed him no duty of special care.
    . Walter A. Fullerton, James A. Leary and John B. Parker for appellant.
    
      William L. Visscher for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.  