
    ROONEY, Respondent, v. BROGAN CONST. CO., Appellant.
    (Supreme Court, Appellate Division, Second Department.
    January 21, 1910.)
    Action by Margaret Rooney, as administratrix, etc., of John Rooney, deceased, against the Brogan Construction Company.
   PER CURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, for error in the charge at folios 311, 312. See, also, 194 N. Y. 32, 86 N. E. 814; 124 App. Div. 911, 108 N. Y. Supp. 1146.

RICH, J.,

dissents, upon the ground that the "charge complained of was withdrawn.  