Motion denied, with ten dollars costs. The case of Tozer v. N. Y. C. & H. R. R. R. Co. (105 N. Y. 617) was not overlooked, hut the question arose in that case quite differently from the manner in which it is presented in the case at bar.
Motion denied, with ten dollars costs. The case of Tozer v. N. Y. C. & H. R. R. R. Co. (105 N. Y. 617) was not overlooked, hut the question arose in that case quite differently from the manner in which it is presented in the case at bar.