
    WEILER, Respondent, v. SYRACUSE RAPID TRANSIT RY. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    May 15, 1907.)
    Action by Charles Weiler against the Syracuse Rapid Transit Railway Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

MCLENNAN, P. J.,

dissents, on the ground that the court committed error in refusing to charge as requested, viz., That it was plaintiff’s duty to loott before crossing the tracks, and that plaintiff had no right to take doubtful chances as to whether or not he could cross in safety.  