
    Horace Hosley, Appellant, v. Niagara Falls Milling Company, Respondent.
    (Argued May 8, 1907;
    decided May 28, 1907.)
    
      Hosley v. Niagara Falls Milling Co., 107 App. Div. 620, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 2, 1905, affirming a judgment- in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been occasioned through defendant’s negligence.
    
      Forman D. Fish for appellant.
    
      Clinton B. Gibbs for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: G-ray, O’Brien, Werner and Chase, JJ.

Dissenting: Vann and Willard Bartlett, JJ. Absent: Cullen, Oh. J.  