
    Cora Ingalls, Appellant,. v. Erie Railroad Company, Respondent.
    
      Ingalls v. Erie R. R. Co., 163 App. Div. 936, affirmed.
    (Argued January 29, 1918;
    decided February 12, 1918.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 11, 1914, 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 plaintiff through the negligence of the defendant. The complaint alleged that about one and one-half miles west of Adrian, N. Y., was a private farm crossing, which it was the duty of defendant to keep in repair; that in the year 1910, defendant undertook to repair the roadway forming a part of said crossing, and negligently and improperly left the same in a rough and uneven condition; that on October 18, 1910, plaintiff was riding with her husband in a two-seated platform wagon over said crossing, when the forward wheels dropped into a hole in the roadway and threw plaintiff out of the wagon, causing the injuries complained of.
    
      J. W. Hollis for appellant.
    
      W. J. Cheney and F. A. Robbins for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, McLaughlin and Crane, JJ. Dissenting: Hogan, J.  