
    Daniel W. Sutherland, Appellant, v. Frank Ammann, Respondent.
    
      Sutherland v. Ammann, 112 App. Div. 332, affirmed.
    (Argued October 30, 1907;
    decided November 19, 1907.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 23,1906, 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 caused by defendant’s negligence.
    
      Max 8. Bevins and Jacob O. Brcmd for appellant.
    
      Charles J. Jhehrbas, Francis I. Osborne and Ja/mes J. Fitz Gerald for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Vann,Werner, Willard Bartlett and Chase, JJ.  