
    D’ESTERRE, Appellant, v. ERNST, Respondent.
    (Supreme Court, Appellate Division, Second Department.
    October 11, 1912.)
    Action by Charles F. D’Esterre, as administrator, etc., of Elsie D’Esterre, deceased, against John H. Ernst.
   PER CURIAM.

Judgment affirmed, with costs.

HIRSCHBERG, J.,

dissents, on the ground that the conflict as to the distance the machine was away from the child, when she first jumped back into the street, required a submission of the question to the jury.  