
    Plant & Ahrens, Inc., Respondent, v. Brooklyn, Queens County and Suburban Railroad Company, Appellant.
   Judgment reversed upon the law and new trial granted, costs to abide the event, because of error in the court’s charges with reference to the right of way, at folios 738 and 739 of the record on appeal. The true rule is stated in Ward v. Clark (232 N. Y. 195, 198) and Shirley v. Larkin Co. (239 id. 94, 97). In our opinion the charge did not conform to the rule there stated. Kelly, P. J., Manning, Young, Lazansky and Hagarty, JJ., concur.  