
    Joseph Bushtis, Appellant, v. Catskill Cement Company, Respondent.
    
      Bushtis v. Catskill Cement Co., 128 App. Div: 780, affirmed.
    (Argued March 4, 1910;
    decided March 22, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered J une 7, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer.
    
      R. Monell Herzberg for appellant.
    
      Frank, H. Osborn for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Werner, Willard Bartlett and Hiscock, JJ. Absent: Chase, J.  