
    Jacob Johansen, Respondent, v. Eastman's Company of New York, Appellant.
    
      Johansen v. Hastman’s Go., 44 App. Div. 370, affirmed.
    (Argued October 7, 1901;
    decided October 22, 1901.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 22, 1899, sustaining plaintiff’s exceptions ordered to be heard in the first instance by the Appellate Division and granting a new trial.
    
      L. Sidney Canérre for appellant.
    
      Abram I. Elhus and Garlisle J. Gleason for respondent.
   Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs; no opinion.

Concur: Parker, Ch. J., Gray, Martin, Yann, Cullen and Werner, JJ. Dissenting: Bartlett, J.  