
    Patrick Kennedy, Appellant, v. John Wanamaker, New York, Respondent.
    
      Kennedy v. Wanamaker, 145 App. Div. 428, affirmed.
    (Argued January 29, 1913;
    decided February 14, 1913.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 1, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer.
    
      Richard J. Donovan and Herbert D. Cohen for appellant.
    
      Herrick C. Allen for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Willard Bartlett, Chase and Collin, JJ. Dissenting: Werner, Hiscock and Cuddeback, JJ.  