
    ROBERTS, Appellant, v. ERIE R. CO., Respondent.
    (Supreme Court, Appellate Division, Second Department.
    October 12, 1909.)
    Action by Carl D. Roberts, by Ezra Roberts, hiz guardian ad litem, against the Erie Railroad Company.
   No opinion. Judgment modified, by striking out the words "on the merits," and, as so modified, unanimously affirmed, without costs.  