
    Earl Burlingame, Respondent, v. James H. Dykeman, Appellant.
    
      Burlingame v. Bykeman, 121 App. Div. 904, affirmed.
    (Argued January 29, 1909;
    decided February 9, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 12, 1907, affirming 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 received through defendant’s negligence.
    
      Hugo Hirsh, Fred W. Buermeyer and Edwin A. Jones for appellant.
    
      Murlin S. Smallwood and Philip V. Fennelly for respondent.
   Judgment affirmed, with costs; no opinion.

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