
    Charles H. Bauer, Appellant, v. Empire State Dairy Company, Respondent.
    
      Bauer v. Empire State Dairy Co., 115 App. Div. 71, affirmed.
    (Argued March 6, 1908;
    decided March 31, 1908.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 8, 1906, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for personal injuries alleged to have been occasioned by defendant’s negligence.
    
      C. D. Rust and Edward G. Nelson for appellant.
    
      Frederick Hulse for respondent.
   Order affirmed and judgment absolute ordered for appellant on the stipulation, with costs in nil courts ; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Werner, Willard Bartlett and Chase, JJ. Not voting: Vann, J.  