
    (67 Hun, 653.)
    DONOHUE, TIERNEY & ISENGERT BREWING CO., Respondent, v. FITCHBURG R. CO., Appellant.
    (Supreme Court, General Term, Third Department.
    March 2, 1893.)
    T. F. Hamilton, for appellant.
    Smith & Parmenter, (R. A. Parmenter, of counsel,) for respondent.
   HERRICK, J.

This case presents the same facts as the case of Hoffmann against the same defendant, (22 N. Y. Supp. 463,) the plaintiff in this action being the employer of the plaintiff in that. Both actions arise out of the same accident, and the conclusions arrived at in the Hoffmann Case require that the judgment herein should be reversed, and a new trial ordered, costs to abide the event. Let an order be entered accordingly.  