The order appealed from should be affirmed on the opinion filed by the learned judge below. 33 N. Y. Supp. 1120. In view of the decisions in Collins v. Hydorn, 135 N. Y. 320, 32 N. E. 69, and Furlong v. Banta, 80 Hun, 248, 29 N. Y. Supp. 985, the case of Anderson v. Railroad Co., 9 Daly, 487, cannot be followed, and the decision of Featherson v. Turnpike Co. (Sup.) 24 N. Y. Supp. 603, has no application. Order affirmed, with $10 costs and disbursements.