
    Royal D. Rounds, Respondent, v. Syracuse and Suburban Railroad Company, Appellant.
    
      Rounds v. Syracuse & Suburban R. R. Co., 134 App. Div. 15, affirmed.
    (Argued October 21, 1910;
    decided November 15, 1910.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 23, 1909, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action to recover for personal injuries alleged to have been sustained through defendant’s negligence.
    
      Charles E. Spencer for appellant.
    
      Joseph B. Murphy for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Yann, Werner and Chase, JJ.  