
    Oscar W. McEwen, Respondent, v. Borden’s Condensed Milk Company, Appellant.
    (Argued March 8, 1915;
    decided March 23, 1915.)
    
      McEwen v. Borden's Condensed Milk Co., 154 App. Div. 185, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 6,1912, sustaining plaintiff’s exceptions to the dismissal of his complaint, ordered to be heard in the first instance by the Appellate Division, and granting a motion for a new trial in an action to recover for personal injuries alleged to hax e been sustained by plaintiff through the negligence of defendant, his employer.
    
      Edgar T. Brackett, Thomas M. Rowlette and Thomas C. Rogers for appellant.
    
      John O. R. Taylor for respondent.
   Order affirmed and judgment absolute ordered against appellant on stipulation, with costs in all courts; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback, Hogan, Miller and Seabury, JJ.  