
    John M. Anderson, Respondent, v. The New York, Lake Erie and Western Railroad Company, Appellant.
    (Argued December 5, 1890;
    decided December 16, 1890.)
    Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 28,1889, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial.
    
      William W. MaoFarland for appellant.
    
      G. D. Pust for respondent.
   Agree to affirm; no opinion.

All concur, except Earl, Peokham and O’Brien, JJ., dissenting.

Judgment affirmed.  