Judgment affirmed, with costs; no opinion.

Concur: Pound, Ch. J., O’Brien, Hubbs, Crouch and Loughran, JJ. Not voting: Lehman, J. Crane, J., concurs in result in the following memorandum: Although I adhere to my views as expressed in Berkey v. Third Avenue Ry. Co. (244 N. Y. 84), yet as this case has become the law, and the facts here are not dissimilar, I concur in the result.