S. Ormond Goldan, Respondent, v. Delaware and Eastern Railway Company and Others, Defendants, Impleaded with Russell Murray and H. A. V. Post, Appellants

S. Ormond Goldan, Respondent, v. Delaware and Eastern Railway Company and Others, Defendants, Impleaded with Russell Murray and H. A. V. Post, Appellants. (No. 2.) First Department, April 7, 1911. See head note in Goldan v. Delaware & Eastern Railway Co., No. 1 (ante, p. 78). Appeal by the defendants, Russell Murray and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of January, 1911, upon the decision of the court, rendered after a trial" at the New York Special-Term, overruling the said defendants’ demurrer to the amended complaint. Edward J. Welch, for the appellants. Julian B. Shope, for the respondent. [MAJORITY — Miller, J.:] Miller, J.: The interlocutory judgment should be reversed, with costs,' and the demurrer sustained, with costs, with leave to the plaintiff to sérve an amended complaint upon payment of costs, on the authority of Goldan v. Delaware & Eastern Railway Co., No. 1 (114 App. Div. 78), decided herewith. • ‘ Ingraham, P. J., LauGhlin, Clarke and Scott, JJ., concurred. Judgment reversed, with costs, and demurrer sustained, with costs, -with leave to plaintiff to amend on payment of costs.