Merrill v. Metropolitan Street Railway Co.

Patterson, J. (concurring):

I concur in the general views of the case, as expressed in the opinion of Mr. Justice Ingraham, but I do not concur in the infer*406ence that may be drawn therefrom that Stierle v. Union Railway Co. (156 N. Y. 70) is authority controlling under any other state of facts than such as appear in the record in that case.