
    Thomas McCue, Respondent, v. The Brooklyn Heights Railroad Company, Appellant.
    
      McCue v. Brooklyn Heights Ii. B. Co., 149 App. Div. 919, affirmed.
    (Argued January 26, 1914;
    decided February 10, 1914.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 28,1912, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer.
    
      
      D. A. Marsh and George D. Yeomans for appellant.
    
      Frederick N. Van Zandt and Joseph A. Bur dean for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Werner, Hisoogk, Cuddeback and Miller, JJ. Dissenting: Chase and Collin, JJ. _  