
    MERSEREAU, Respondent, v. WESTERN NEW YORK & P. R. CO. et al., Appellants.
    (Supreme Court, Appellate Division, Fourth Department.
    January 6, 1909.)
    Action by William B. Mersereau against the Western New York & Pennsylvania Railroad Company and another.
   PER CURIAM.

Judgment affirmed, with costs.

McLENNAN, P. J.,

dissents, upon the ground that the agreement, if made, was in violation of the interstate commerce act, and therefore not enforceable.  