
    John Cassidy, Appellant, v. The Atlantic Avenue Railroad Company, Respondent.
    
      Oaesidy v. Atlantia Ave. R. R. Go., 12 Mise. Rep. 648, affirmed.
    (Argued March 25, 1898;
    decided April 19, 1898.)
    Appeal from a judgment of the General Term of the late City Court of Brooklyn, entered June 29, 1895, affirming a judgment in favor of defendant entered upon a dismissal of the complaint at a Trial Term.
    
      Isaac M. Kapper for appellant.
    
      James B. Soley for respondent.
   Judgment affirmed, with costs; no opinion.

All concur, except Baetlet, J., who dissents on the ground that the case is not distinguishable from Nolan v. B. C. & N R. R. Co. (87 N. Y. 63), and Yann, J., not voting.  