
    Milton E. Smith, an Infant, by Charles L. Smith, His Guardian ad Litem, Appellant, v. Rochester Railway Company, Respondent.
    
      Smith v. Rochester Railway Oo., 133 App. Div. 847, reversed.
    (Argued January 20, 1910;
    decided February 8, 1910.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 3, 1909, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial in an action to recover for personal injuries alleged to have been sustained through defendant’s negligence.
    
      C. D. Kiehel for appellant.
    
      W. A. Matson for respondent.
   Order of Appellate Division reversed and judgment of trial court affirmed, with costs in both courts, on dissenting opinion of Kruse, J., below.

Concur: Cullen, Ch. J., Gray, Edward T; Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ.  