The questions presented in this .case are the .same as those presented in the case of Robinson v. The New York, Lake Erie & Western R. R. Co., decided herewith, and for the reasons .stated in the opinion in that case the judgment must be revérsed and a new trial ordered, with costs to appellant to abide the •event.
O’Brien, J., concurs; Van Brunt, P. J., concurs in result.
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