
    Bernard O’Rourke, Respondent, v. McMullen-Snare & Triest, Inc., Appellant.
    
      O’Rourke v. McMullen-Snare & Triest, Inc., 172 App. Div. 894, affirmed.
    (Argued February 1, 1918;
    decided February 15, 1918.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 29, 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, his employer. The complaint alleged that plaintiff, a drill runner, while working in the construction of the Lexington Avenue subway in New York city was directed by his foreman to get upon a large rock that had been dislodged by a blast and to drill holes therein; that while so engaged the rock split and rolled over and plaintiff received the injuries complained of. Defendant contended that no negligence on its part was proved.
    
      John R. Halsey and Adrian T. Kiernan for appellant.
    
      Leonard F. Fish and Thomas J. O’ Neill for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Chase, Collin, Hogan and McLaughlin, JJ. Dissenting: Hiscock, Ch. J., Cuddeback and Crane, JJ.  