
    Mary McCherry, an Infant, by Thomas McCherry, Her Guardian ad Litem, Respondent, v. The Snare and Triest Company, Appellant, Impleaded with Another. Same, Respondent, v. The Brooklyn Heights Railroad Company, Appellant, Impleaded with Another.
    
      McCherry v. Snare & Triest Co., 130 App. Div. 241, affirmed.
    (Argued February 22, 1910;
    decided March 15, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 19,' 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 to recover for personal in juries alleged to have been sustained through defendant’s negligence.
    
      
      Lynn W. Thompson, D. A. Marsh and George D. Yeomans for appellants.
    
      Reno R. Billington and H. K. Jacobs for respondent.
   Judgment affirmed, with costs, as against both appellants; no opinion.

Concur: Gray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ. Dissenting as to appellant, The Brooklyn Heights Railroad Company, Cullen, Ch. J.  