
    HOWE, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    January 4, 1905.)
    Action by Belle M. Howe against the New York Central & Hudson River Railroad Company.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of law only; the facts having been examined and no error found therein. Held, that it was error to exclude the evidence offered by the defendant as to the conditions and nature of the soil on either side of the plaintiff’s lands.

SPRING, J., dissents.  