
    AVERY, Respondent, v. NEW YORK, O. & W. RY. CO., Appellant.
    (Supreme Court, Appellate Division, Third Department.
    January 4, 1911.)
    Action by George F. Avery against the New York, Ontario & Western Railway Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

KELLOGG, J., dissents.  