New York Central Railroad Company, Appellant, v. Thomas D. Palella et al., Individually and Trading as Palella Brothers, Appellee.

Gen. No. 41,052.

*280O ’Connor, P. J., dissenting.

opinion filed July 2, 1940.

Sidney C. Murray, Frederick W. Flott and John B. Kneipple, for appellant; no appearance for appellee.

Opinion by

Justice McSurely.

“Not to be published in full.”