
    THANEY, Appellant, v. A. FRIEDERICHS & SONS CO., Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    May 23, 1905.)
    Action by Peter Thaney, as administrator, etc., against A. Friederichs & Sons Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

HISCOCK, J.,

dissents, on the ground that defendant’s negligence and plaintiff’s freedom from contributory negligence were questions of fact, which should have been submitted to the jury. See 89 N. Y. Supp. 787.  