
    BALICKI v. NEW YORK CENTRAL RAILROAD CO.
    This case is controlled by Perch v. Bail/road Co.} ante, 227.
    Appeal from Wayne; Lamb (Fred S.), J., presiding.
    Submitted October 4, 1939.
    (Docket No. 39, Calendar No. 40,722.)
    Decided October 7, 1940.
    Case by Maryan Balicki against New York Central Railroad Company for damages for personal injuries. Verdict for plaintiff. Judgment for de-. fendant. Plaintiff appeals.
    Affirmed.
    
      Zenon S. Piethiewics and Berger, Manason é Barris, for plaintiff.
    
      William A. Alfs (John J. Danhof, Jr., of counsel), for defendant.
   North, J.

This suit arose out of tbe same accident as Perch v. Railroad Co., ante, 227. Tbe controlling facts and applicable law are tbe same in tbe two cases. In tbe Perch Case on rebearing a majority of tbe court beld that under tbe record tbe defendant was entitled as a matter of law to judgment in its favor. Accordingly judgment for defendant by direction of tbe trial judge in tbe instant case must be affirmed. Costs to appellee.

Bushnell, C. J., and Sharpe, Boyles, Chandler, McAllister, Wiest, and Btitzel, JJ., concurred.  