
    RYAN, Respondent, v. BOSTON & M. R. R., Appellant.
    (Supreme Court, Appellate Division, Third Department.
    November 16, 1910.)
    Action by James J. Ryan against the Boston & Maine Railroad.
   PER CURIAM.

Judgment and order reversed as against the weight of evidence, and new trial granted with costs to appellant to abide event.

SMITH, P. J., and COCHRANE, J., dissenting.  