This. case comes directly within the authority of our decision in the case of Lewis v. New York City R. Co., handed down at the May Term, 1906, and reported in 50 Misc. Rep. 535.
For the reasons there stated the judgment must be reversed and a new trial granted, with costs to appellant to abide the event.
Present: Gildersleeve, Fitzgerald and Davis, JJ.
Judgment reversed and new trial granted, with costs to appellant to abide event.