The recent cases of Busch v. Interborough Railroad (decided by the Appellate Division, First Department. January 26, 1906) 96 N. Y. Supp. 747, and Rein v. Brooklyn Heights Railroad, 47 Misc. Rep. 675, 94 N. Y. Supp. 636, are decisive of the question presented upon this appeal and require a reversal of the judgment appealed from. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.