
    RICH, Appellant, v. PENNSYLVANIA R. Co., Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    October 14, 1908.)
    Action by Frank Rich against the Pennsylvania Railroad Company.
   PER CURIAM.

Judgment reversed, and new trial ordered, with costs to appellant to abide event, on the ground that the case should have been submitted to the jury. See same case reported in 112 App. Div. 818, 98 N. Y. Supp. 678.

KRUSB, J., dissents.  