
    James G. Byars, Appellant, v. Bennington and Hoosick Valley Railway Company, Respondent.
    
      Byars v. Bennington & H. V. Ry. Co., 99 App. Div. 34, affirmed.
    (Argued February 13, 1906;
    decided February 27, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in , the third judicial department, entered December 10, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.
    
      J. K. Long and Thomas 8. Fagan for appellant.
    
      P. R. Chapman and George F. Greene for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Gray, Edward T. Bartlett, Haight, Yann and Willard Bartlett, JJ. Absent: Cullen, Ch. J. Not sitting: Chase, J.  