
    Hyman Rashkoff, Respondent, v. Erie Railroad Company, Appellant.
    (Argued November 22, 1912;
    decided December 10, 1912.)
    
      Rashkoff v. Erie R. R. Co., 141 App. Div. 624, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 21, 1911, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant.
    
      William Q. Cannon and Frederic B. Jennings for appellant.
    
      Joseph Cans for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ.  