
    Thomas McDonnell, Respondent, v. Andrew J. Robinson Company, Appellant.
    Appeal from a judgment, entered in the Mew York county clerk’s office on the 23d day of April, 1910, upon the verdict of a jury, and from an order entered on the 22d day of April, 1910, denying a motion for a new trial made upon the minutes.
   Judgment and order affirmed, with costs. Mo opinion. Present — Ingraham, P. J., Laughlin, Clarke, Miller and Dowling, JJ. Laughlin and Clarke, JJ., dissented.

Laughlin, J. (dissenting):

The action being at common law I dissent and vote for reversal on the exception to the charge that the employee only assumes the risks which remain after the employer has performed his duty.  