
    Minnie L. Derby, Appellant, v. Degnon-McLean Contracting Company, Respondent.
    (Argued May 6, 1907;
    decided May 21, 1907.)
    
      Derby v. Degnon-McLean Contracting Co., 112 App. Div. 324, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 15, 1906, which reversed a judgment in favor of plain•tiff and an order denying a motion for a new trial and granted a new trial in an action to recover for personal injuries alleged to have been sustained through defendant’s negligence.
    
      Melville J. France and L. Victor Flechles for appellant.
    
      James F. Donnelly for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Gray, O’Brien, Vann, Werner, Willard Bartlett and Chase, JJ. Absent: Cullen, Ch. J,  