
    August Neldert, Appellant, v. Chicago, Rock Island and Pacific Railroad Company, Respondent.
    First Department,
    November 12, 1916.
    See head note in Watson v. Chicago, Rock Island & Pacific R. R. Co (ante, p. 669).
    Appeal by the plaintiff, August Yeldert, from so much of an order and determination of the Appellate Term of the Supreme Court in favor "of the defendant, entered in the office of the clerk of the county of Yew York on the 18th day of May, 1915, as reverses a judgment of the City Court of the City of Yew York in plaintiff’s favor for $1,045 entered upon the verdict of a jury rendered by direction of the court and dismisses the complaint.
    
      Roger Foster, attorney, for the appellant.
    
      Gervase Green of counsel [White & Case, attorneys], for the respondent.
   Clarke, J.:

This is a similar suit to Watson v. Chicago, Rock Island & Pacific R. R. Co. (169 App. Div. 663). For the reason stated in the opinion therein the determination of the Appellate Term reversing the judgment of the City Court and dismissing the complaint should be affirmed, with costs and disbursements to the respondent.

Ingraham, P. J., Laughlin, Scott and Dowling, JJ., concurred.

Determination affirmed, with costs.  