
    HALLOCK, Respondent, v. ERIE R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    July 7, 1914.)
    Action by Freeman O. Hallock against the Erie Railroad Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

FOOTE, J.,

dissents, upon the ground that it was error to refuse defendant’s request to charge on the question of plaintiff’s assumption of the risk. See Seaboard Air Line Railway v. Horton, 233 U. S. 492, 34 Sup. Ct. 635, 58 L. Ed. —.  