
    HEILBACK, Respondent, v. CONSUMERS’ BREWERY OF BUFFALO, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    November 30, 1910.)
    Action by-Marcus Heilback against the Consumers’ Brewery of Buffalo.
   PER CURIAM.

Judgment and order affirmed, with costs.

McLennan, P. j., and WILLIAMS, J.,

dissent, upon the ground that the evidence establishes as matter of law that the' plaintiff assumed the risk, and fails to establish actionable negligence on the part of the defendant.  