
    MAUE, Respondent, v. ERIE R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    December 29, 1911.)
    Action by George Maue against the Erie Railroad Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

McLENNAN, P. J.,

dissents upon the ground that the record on this appeal is in all essentials like the record passed upon by the Court of Appeals upon the former appeal, and therefore votes for reversal, upon the opinion of Judge Werner, reported in 198 N. Y. 221, 91 N. E. 629.  