upon the ground that the-reasoning in Dowd v. N. Y., O. & W. Ry. Co. (170 N. Y. 468) leads to the rule that the assumption of risk is an affirmative-defense which must be pleaded, and that if this is the correct rule, compliance therewith is not obviated because the plaintiff in sustaining other issues has presented evidence which defendant might, utilize to sustain said defense, the objection being made in due time and form that the same had not been pleaded.