
    PAUL, Respondent, v. WESTINGHOUSE, CHURCH, KERR & CO., Appellant.
    (Supreme Court, Appellate Division, Second Department.
    June 18, 1908.)
    Action by Harry Paul against Westinghouse, Church, Kerr & Co.
   PER CURIAM.

Judgment and order of the Municipal Court reversed, and new trial ordered, costs to abide the event, on the ground that the court erred in its refusal to charge that Adler was not a fellow servant and that his negligence would not suffice to enable the plaintiff to recover. See 99 N. Y. Supp. 356.

RICH, J., dissents.  