
    McCARTHY, Respondent, v. UNION SUN CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    January 12, 1910.)
    Action bi' Florence McCarthy against the Union Sun Company.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. See, also, 123 App. Div. 912, 108 N. Y. Supp. 1139.

McLENNAN, P. J.,

concurs, upon the ground that the defendant was not shown guilty of actionable negligence. WILLIAMS and ROBSON, JJ., concur, upon the ground that the verdict was contrary to and against the weight of evidence. SPRING and KRUSE, JJ., dissent, and vote for affirmance.  