
    HAMILTON, Appellant, v. NILES-BEMENT-POND CO., Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    May 22, 1907.)
    Action by David W. Hamilton ■against the Niies-Bement-Pond Company.
   PER CURIAM.

Judgment and order affirmed, with costs.'

McLENNAN, P. J.,

dissents on the ground that the court committed reversible error in refusing the charge, as reguested by’ defendant’s .counsel, that if the plaintiff knew that the crane was to be moved he could not recover. ROBSON, J., not voting.  