The facts in this case are the same as in the case of New YorkCentral Railroad Co. v. Dyer, Adm'r, post 708, decided at this term. There was judgment below for the appellee, and, upon authority of New York Central Railroad Co. v. Casey (1938), *Page 696 ante 464, and New York Central Railroad Co. v. Dyer, Adm'r.,supra, the judgment is affirmed.