
    STONE et al., Respondents, v. CLEVELAND, C., C. & ST. L. R. CO., Appellant, et al.
    (Supreme Court, Appellate Division, Fourth Department.
    December 8, 1909.)
    Action by Henry M. Stone and another against the Cleveland, Cincinnati, Chicago, & St. Louis Railroad Company, impleaded with others.
   PER CURIAM.

Judgment and order affirmed, with costs.

SPRING, J.,

dissents, upon the ground that the contract for shipment was made with the Cincinnati Northern Railroad Company, and there is no evidence to show that such railroad is a part of the system of the Cleveland, Cincinnati, Chicago & St. Louis Railroad Company.  