Appellate Division of the Supreme Court of the State of New York December 18, 1902 (American Mettle Co. v. Exposition Carting Co.)

PER CURIAM.

Judgment of special term and municipal court reversed, and new trial ordered, with costs to the appellant to abide event. Held, that in view of the rule laid down by the court of appeals in the case of McDonald v. Railway Co., 167 N. Y. 66, 60 N. E.