
    Samuel Nease, Appellant, v. The New York Central and Hudson River Railroad Company, Respondent.
   —Judgment affirmed, with costs. All concurred, except Spring and Kruse, JJ., who dissented on the authority of Berkery v. Brie B. B. Oo. (55 App. Div. 489; affd., 173 N. Y. 636).  