
    UTESS, Respondent, v. ERIE R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    May 4, 1910.)
    Action by Max F. Utess against the Erie Railroad Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

McLENNAN, P. J., and WILLIAMS, J., dissent, upon the ground that the engineer in charge of the train was not shown guilty of negligence which caused or contributed to the injury, and that in any event the proof does not bring the case within the provisions of the Barnes act. See opinion of McLennan, P. J., in same case on former appeal, reported at 131 App. Div. 447, 115 N. Y. Supp. 389.  