
    WARN, Respondent, v. NEW YORK CENT. &. H. R. R. CO., Appellant.
    (Supreme Court Appellate Division, Fourth Department.
    March 21, 1900.)
    Action by Elias Warn against the New York Central & Hudson River Railroad ■Company.
   PER CURIAM.

Judgment affirmed, with ■costs. Held, that the question was one of fact for the jury, and that, as the exceptions to the refusals to charge were waived upon the argument, no error appears in the record. All concur, except McLENNAN, J., not voting.  