
    VAN DUSEN, Respondent, v. NORTHWESTERN MUT. LIFE INS. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    November 11, 1914.)
    Action by Anna B. Van Dusen, as administratrix, etc., against the Northwestern Mutual Life Insurance Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

FOOTE and MERRELL, JJ., dissent, upon the ground that, so far as the verdict is to the effect that Parkinson caused or directed the anvil to be thrown from the platform, it is contrary to and against the weight of the evidence. Had he done so, he would not have acted within the scope of his employment. See, also, 155 App. Div. 946, 140 N. Y. Supp. 1149.  