
    Christopher Boyle, Appellant, v. Mallory Steamship Company, Respondent.
    
      Boyle v. Mallory Steamship Co., 173 App. Div. 936, affirmed.
    (Argued November 27, 1918;
    decided January 7, 1919.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 20, 1916, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have beep, sustained by plaintiff through the negligence of defendant. The complaint alleged that while plaintiff was a passenger on one of defendant’s vessels it negligently permitted soot and cinders to be emitted from the urnoke stack and that a particle entering plaintiff’s eye caused inflammation resulting in loss of sight.
    
      William Van Wyck and WilliamF. Purdy for appellant.
    
      Henry' M. Hewitt and James A. Hatch for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Cardozo, McLaughlin and Andrews, JJ. Dissenting: Hogan and Pound, JJ. _  