
    Herman J. Michels, by Joseph Michels, His Guardian ad Litem, Respondent, v. The E. & B. Holmes Machinery Company, Appellant.
    
      Michels v. Holmes Machinery Go., 130 App. Div, 905, affirmed.
    (Argued December 9, 1909;
    decided January 11, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 9, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action by an employee to recover for personal injuries alleged to have been sustained through his master’s negligence.
    
      Clinton B. Gibbs and Hubert C. Minard for appellant.
    
      Warren Tubbs and James O. Moore for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Gray, Haight, Vann, Werner, Willard Bartlett and Hiscook, JJ. Absent; Cullen, Oh. J.  