
    Edward R. Barto, an Infant, by Edward H. Barto, his Guardian ad Litem, Appellant, v. The State of New York, Respondent.
    
      Barto v. State of New York, 51 App. Div. 623, appeal dismissed.
    (Argued January 22, 1901;
    decided March 12, 1901.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, made March 6,1900, affirming a judgment of the Court of Claims, dismissing a claim for damages for a personal injury received by claimant by being struck by a rifle ball alleged to have been fired by some member of the National Guard while engaged in rifle practice upon the state range at Oreedrnoor.
    
      Joseph Fitch for appellant.
    
      George H. Stevens for respondent.
   Appeal dismissed, without costs; no opinion.

Concur: Parker, Ch. J., Gray, Bartlett and Werner, JJ. Dissenting; Vann and Cullen, JJ. Not voting; Martin, J.  