On appeal by defendant Herman from the judgment in favor of plaintiffs, judgment affirmed, with costs. On appeal by the defendant Herman from the order granting new trial as to his co-defendant Interborough Rapid Transit Company, appeal dismissed, with costs on authority of Ward v. Iroquois Gas Corporation (258 N. Y. 124).

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ.