
    David N. Smith, Appellant, v. United Traction and Electric Company, Respondent.
    
      Smith v. United Traction & Electric Co., 49 App. Div. 641, affirmed.
    (Argued June 7, 1901;
    decided October 1, 1901.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 19, 1900, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the. court at a Trial Term.
    
      Albert Stickney and George G. Molt for appellant.
    
      John M. Parsons for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Parker, Ch. J., Bartlett, Haight, Vann, Landon, Cullen and Werner, JJ.  