
    David A. Pearsall, Appellant, v. The New York Central and Hudson River Railroad Company, Respondent.
    
      Pearsall v. N. T. C. & S. R. R. R. Co., 128 App. Div. 397, affirmed.
    (Argued May 12, 1910;
    decided May 31, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 16, 1908, 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 by plaintiff through the negligence of defendant, his employer.
    
      Frank J. O^Neill and George II. Dennison for appellant.
    
      A. H. Gowie for respondent.
   Judgment affirmed, with costs; no ojiinion.

Concur: Cullen, Ch. J., Haight, Werner, Willard Bartlett, Hiscock and Chase, JJ.  