
    HOLBROOK, Respondent, v. BUFFALO, R. & P. RY. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    July 6, 1909.)
    Action by Irving L. Holbrook against the Buffalo, Rochester & Pittsburg Railway Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

McLennan, P. J., and WILLIAMS, J.,

dissent, upon the ground that it was not negligence upon the part of the defendant to run a train in perfect condition on a track in like condition at the rate of 60 miles per hour, and upon the further ground that the damages are excessive.  