
    Elijah Schoonmaker, Appellant, v. Erie Railroad Company, Respondent.
    
      Schoonmaker v. Erie R. R. Co., 129 App. Div. 467, affirmed.
    (Argued June 8, 1910;
    decided September 27, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 9, 1909, affirming a judgment in favor of defendant entered upon an order of the court at a Trial Term which set aside a verdict in favor of plaintiff and directed a dismissal of the complaint in an action to recover for personal injuries alleged to have been sustained through defendant’s negligence.
    
      Lewis F. Carr, Abram F. 8ervin and Rosslyn M. Cox for appellant.
    
      Henry Bacon for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Haight, Werner, Willard Bartlett and Chase, JJ. Not sitting r Vann, J.  