
    SMITH, Respondent, v. NATIONAL STARCH CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    November 17, 1909.)
    Action by William Smith against the National Starch Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

KRUSE, J.,

dissents, upon the ground that no violation of the factory act was shown, and that the plaintiff was injured through his own lack of care and his voluntary and unnecessary exposure to obvious danger.  