
    Frank Burger, Appellant, v. The Snare and Triest Company, Respondent.
    
      Burger v. Snare & Triest Co., 105 App. Div. 636, affirmed.
    (Argued December 3, 1906;
    decided December 21, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 27, 1905, affirming a judgment in favor of defendant entered upon the report of a referee in an action to recover for- personal injuries alleged to have been received through defendant’s negligence.
    
      J. Newton Piero and Amasa J. Parker for appellant.
    
      PLeetor M. Hitchings for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Gray, O’Brien, Haight and Vann, JJ. Dissenting: Cullen, Ch., J., Edward T. Bartlett and Willard Bartlett, JJ.  