
    Charles E. Hart, Resp’t, v. D , L. & W. R. Co., App’lt.
    Sud. Ct. General Term, 1 D.,
    January 18, 1895.
    
      W. Edwards, for app’lt; John H. Kitchen, for resp’t.
   Van Brunt, P. J.

Although I adhere to the opinion which I have expressed upon the previous appeals in this case (22 N. Y. Supp. 3; 27 N. Y. Supp. 767), that the evidence failed to disclose any negligence upon the part of the defendant justifying a recovery in this action, my associates having differed from me upon this question, this judgment must be affirmed. There does not seem to be any such difference in the presentation of the question of negligence upon this appeal as would call for a different ruling from that which obtained upon the previous appeals. The judgment and order appealed from must therefore be affirmed, with costs.  