
    GARRICOTT, Respondent, v. NEW YORK STATE RYS., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    March 3, 1915.)
    Action by Sam Garricott against the New York State Railways.
   PER CURIAM.

Judgment and order affirmed, with costs.

KRUSE, P. J., dissents, upon the ground that the court erred in charging the jury as matter of law that the defendant was guilty of an assault.  