
    SCHAFFNER v. NEW YORK, N. H. & H. R. CO.
    (Supreme Court, Appellate Division, First Department.
    April 29, 1910.)
    Appeal from Trial Term, New York County.
    Action by Harold R. SchafEner, an infant, against the New York, New Haven & Hartford Railroad Company. From a judgment for plaintiff, entered on a verdict, and from an order denying a new trial, defendant appeals.
    Affirmed.
    Argued before INGRAHAM, P. J., and MCLAUGHLIN, LAUGHLIN, MILLER, -and DOWLING, JJ.
    Hugh A. Bayne, for appellant.
    Frank E. Carstarphen, for respondent.
   PER CURIAM.

Judgment and order affirmed, with costs.

INGRAHAM, P. J., and MILLER, J.,

dissent, upon the ground that In their opinion there was no evidence that the plaintiff was free from contributory negligence that would justify the submission of the case to the jury.  