
    Erwin A. Keith, Respondent, v. Charles R. Payne, as Executor of Daniel F. Payne, Deceased, Appellant.
    
      Keith v. Payne, 171 App. Div. 882, affirmed.
    (Argued May 3, 1916;
    decided May 23, 1916.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered October 7, 1915, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant’s testator, in that he negligently maintained near the residence of the plaintiff in the village of Westport, Essex county, electric wires and apparatus which were dangerous in being too near the ground, in that the insulation was defective and that the wires were not guarded in a careful and reasonable manner, and that the plaintiff, while lawfully on the land near said wires, came in contact therewith and was injured. The defendant admitted the ownership of the wires, but denied every other allegation, and alleged contributory negligence.
    
      Edward T. Stokes for appellant.
    
      Owen D. Connolly, H. P. Humphrey and Frederick E. Bowen for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Chase, Collin, Cuddeback, Cardozo, Seabttry and Pound, JJ.  