
    Calvin Mengle, Respondent, v. McClintic-Marshall Construction Company, Appellant.
    
      Mengle v. McClintic-Marshall Constr. Co., 107 App. Div. 634, affirmed.
    (Argued October 16, 1906;
    decided November 13, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 31, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for personal injuries alleged to have been sustained through the negligence of defendant.
    
      Frank Verner Johnson for appellant.
    
      Vincent P. Donihee and Edward S. Hatch for respondent,
   Judgment .affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., Haight, Vann, Willard Bartlett and Hiscock, JJ. Dissenting: Werner, J. Absent: Gray, J.  