
    UTESS, Respondent, v. ERIE R. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    October 21, 1910.)
    Action by Max F. Utess against the Erie Railroad Company.
   PER CURIAM.

Order (123 N. Y. Supp. 858) affirmed, with costs.

WILLIAMS', J.,

dissents upon the ground that the motion for a new trial should have been granted upon proper terms.  