
    Francis E. Kirnan, by Charles A. Burke, His Guardian ad Litem, Appellant, v. New York and Ottawa Railway Company, Respondent.
    
      Kirnan v. If. T. & Ottawa By. Go., 130 App. Div. 891, appeal dismissed.
    (Submitted December 17, 1909;
    decided January 4, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 16, 1909, 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 sustained through defendant’s negligence.
    
      Charles A. Burke for appellant.
    
      Martin E. McClary for respondent.
   Appeal dismissed, without costs; no opinion.

Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Vann, Willard Bartlett, Hiscock and Chase, JJ.  