
    Daniel E. POMEROY et al., Respts., v. The HOCKING VALLEY RAILWAY CO., Applt.
    (Supreme Court, Appellate Division, First Department.
    April 14, 1916.)
    Appeal from Special Term, New York County. Action by Daniel E. Pomeroy and others against the Hocking Valley Railway Company. From an order denying motion to vacate service of summons and complaint, defendant appeals.
    Affirmed.
   PER CURIAM.

Within the rule laid down in Washington-Virginia R. Co. v. Real Estate Trust Co., 238 U. S, 185, 35 Sup. Ct. 818, 59 L. Ed. 1262, this company was doing business within the state of New York for the purpose of service within that state. The order is therefore affirmed, with $10 costs and disbursements.

Clarke, P. J., and Davis, J.,

dissenting, on the authority of Bagdon v. Philadelphia & Reading Coal & Iron Co. (Court of Appeals, March 14, 1916), 111 N. E. 1075.  