
    John H. Spencer, Appellant, v. The New York Central and Hudson River Railroad Company, Respondent.
    
      Spencer v. A. Y. O. & H. B. B. B. Go., 123 App. Div. 789, affirmed.
    (Argued November 17, 1909;
    decided December 7, 1909.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 24, 1908, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial in an action to recover for personal injuries alleged to have.been sustained through defendant’s negligence.
    
      Stephen C. Baldwin for appellant.
    
      Robert A. Kutschbock and Charles C. Paulding for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Chase, JJ  