
    Albert WADLEY, respondent, v. NEW YORK, WESTCHESTER & BOSTON RAILWAY COMPANY and The City & County Contract Company, appellants.
    (Supreme Court, Appellate Division, Second Department.
    April 14, 1916.)
    Judgment affirmed, with costs, upon the authority of Goodenough v. New York, Westchester & Boston Ry. Co. and another (decided herewith) 158 N. Y. Supp. 1116.
   Jenks, P. J., and Thomas, Carr, and Rich. JJ., concur. Mills, J., dissents, upon the sole ground that the construction and operation of a railroad for public use are not within the prohibition of the restrictions.  