
    GUPTIL, Respondent, v. STANDARD PLUNGER ELEVATOR CO., Appellant.
    (Supreme Court, Appellate Division, Second Department.
    January 24, 1908.)
    Action by Harry C.- Guptil, ah infant, by Henry A. Guptil, his guardian ad litem, against the Standard Plunger Elevator Company.
   PER CURIAM.

Judgment and order reversed, and new. trial, granted, costs to abide the event, on the ground that Koster was not a superintendent, nor was the.act complained of an act of superintendence'.

WOODWARD and RICH, JJ„ vote for affirmance.  