
    DZKOWSKI, Appellant, v. REYNOLDS-VILLE CARTING CO., Respondent.
    (Supreme Court, Appellate Division, Fourth Department;
    March 12, 1913.)
    Action by Theodore Dzkowski against the Reynoldsville Carting Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

McLENNAN, P. J.,

dissents, upon the ground that the defendant’s negligence and plaintiff’s freedom from contributory negligence were questions of fact, which should have been submitted to the jury.  