
    PETERS, Appellant, v. MACMILLAN BOOK CO., Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    March 20,1912.)
    Action by Sanford Peters against the Macmillan Book Company.
   PER CURIAM.

Judgment and order affirmed, with costs. See, also, 60 Misc. Rep. 420, 112 N. Y. Supp. 339.

KRUSE, J., dissents, upon the ground that,' although the case is not within the scaffold statute (no structure was being erected, painted, or repaired), the evidence shows that the ladder was an improper appliance for doing the work which the plaintiff was directed to do.  