
    PALADINO, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant.
    (Supreme Court, Appellate Division, Second Department.
    December 10, 1909.)
    Action by Michael Paladino against the Brooklyn Heights Railroad Company.
   PER CURIAM.

Judgment and order of the County Court of Kings County reversed, and new trial ordered, costs to abide the event, on the ground that the exception was well taken to the refusal of the court to charge the request at folios 180-181.

HIRSCHBERG, P. J., and RICH, J., dissent.  