
    Peter Burns, Appellant, v. The Delaware and Hudson Company, Respondent.
    
      Burns v. Delaware & Hudson Go., 122, App. Div. 901, affirmed.
    (Argued May 5, 1909;
    decided May 20, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Conrt in the third judicial department, entered February 3, 1908, 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 through defendant’s negligence.
    
      George B. Wellington for appellant.
    
      Lewis F. Oa/rr for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Gray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ. Absent; Cullen, Ch. J,  