
    Fred C. Trimbey, Appellant, v. Central New York Telephone and Telegraph Company, Respondent.
    
      Trimbey v. Central N. Y. Telephone & Telegraph Co., 147 App. Div. 919, affirmed.
    (Argued October 38, 1913;
    decided November 25, 1913.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 7, 1911, unanimously 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.
    
      M. W. Lay for appellant.
    
      James F. Hubbell for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Werner, Willard Bartlett, Chase, Collin and Miller, JJ. Dissenting: Hiscock and Hogan, JJ.  