
    Gabriel Fortune, by Mary Fortune, His Guardian ad Litem, Appellant, v. William H. Hall, Respondent.
    
      Fortune v. Sail, 122 App. Div. 250, affirmed.
    (Argued May 3, 1909;
    decided May 18, 1909.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 27, 1907, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover for personal injuries alleged to have been sustained by an employee through the master’s negligence.
    
      James C. Dola/n for appellant.
    
      Howard R. Sturtevamt and C. Arthur Parker for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Gray, Edward T. Bartlett, Haight and Willard Bartlett, JJ. Dissenting: Vann and Chase, JJ. Absent: Cullen, Ch. J.  