
    Dora Vibbard, as Executrix of Harry R. Vibbard, Deceased, Respondent, v. Kinser Construction Company, Appellant.
    
      Vibbard v. Kinser Construction Co., 153 App. Div. 933, affirmed.
    (Argued May 19, 1913;
    decided June 3, 1913.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 13,1912, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer.
    
      L. B. McKelvey for appellant.
    
      Edgar T. Brackett, James A. Leary and Walter A. Fullerton for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Willard Bartlett, Chase, Cuddebacic, Hogan and Miller, JJ.  