
    Randolph Turner, Respondent, v. Charles E. Appleby, Appellant.
    
      Turner v. Appleby, 141 App. Div. 933, affirmed.
    (Argued May 6, 1912;
    decided May 21, 1912.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 3, 1911, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained through the negligence of defendant.
    
      Alfred B. Cruikshank for appellant.
    
      Charles F. Brown and Roderic Wellman for respondent.
   Judgment affirmed, with costs; no opinion.

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