
    SMITH v. BOSTON & A. R. CO. et al.
    (Supreme Court, Appellate Division, Third Department.
    January 4, 1905.)
   Action by Albert T. Smith, as trustee, against the Boston & Albany Railroad Company, the New York Central & Hudson River Railroad Company, lessee, and the town of Kinderhook. No opinion. Motion for leave to appeal to Court of Appeals granted, and question certified: “Does the complaint state a cause of action against the defendant the town of Kinderhook?”  