
    HARDIE et al., Respondents, v. CHARLES P. BOLAND CO., Appellant.
    (Supreme Court, Appellate Division, Third Department.
    November 15, 1911.)
    Action by Margaret Hardie and George Sims, as administrators, etc., against the Charles P. Boland Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

SMITH, P. J., dissents, on ground that, while the fall of the chimney was some evidence of faulty construction, it was no evidence of apparent faulty construction, and therefore the charge upon the subject of res ipso loquitur was erroneous.  