Dioguardi v. Nassau Electric R. Co.

Motion for reargument denied. Motion for leave to appeal to the Court of Appeals denied. The decision of the Court of Appeals in Moore v. Rochester Ry. Co., 204 N. Y. 309, 97 N. E. 714, 49 L. R. A. (N. S.) 505, was presented in the briefs of counsel, and considered by this court in its decision. In view of the instruction o~ th~ trial court at folio 374 of the record, we thought that whatever error may have been made in the earlier part of the charge of the trial court was cured.