
    CLOUGH, Respondent, v. LACKAWANNA STEEL CO., Appellant.
    (Supreme Court, Ap-. pellate Division, Fourth Department.
    December 1, 1909.)
    Action by Edwin Clough against the Lackawanna Steel Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

McLBNNAN, P. J.,

dissents, upon the ground that the plank did not constitute a scaffold within the. meaning of the labor law, that no negligence was established against the defendant, and that the plaintiff, as matter of law, assumed the risk.

ROBSON, J.,

dissents, upon the ground that the plank did not constitute a scaffold within the meaning of the labor law, that no negligence was established against the defendant, and that the finding of the jury upon the question of assumption of risk by plaintiff was contrary to and against the weight of the evidence.  