Adhering to the views expressed by me in Douglas v. Met. St. R. Co. (119 App. Div. 203) I concur in result.
Laughlin, J., concurred with Clarice, J.; Scott, J., dissented.
Judgment and order reversed, with costs to abide event, unless plaintiff stipulates as indicated in opinion, in which event judgment as modified, and order affirmed, without costs. Settle order on notice.