
    James L. Lusk, Respondent, v. Arthur R. Peck, Appellant, Impleaded with Another.
    
      Lusk v. Peck, 132 App. Div. 426, affirmed.
    (Argued June 14, 1910;
    decided September 27, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 8, 190.9, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for personal injuries alleged to have been sustained through defendant’s negligence.
    
      Charles P. Ryan for appellant.
    
      Stewart F. Hancock for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., Geay, Haight and Chase, JJ. Dissenting: Yann and Willard Bartlett, JJ. Taking no part: Hiscook, J.  