
    Louis Fraszak, Respondent, v. Erie Railroad Company, Appellant.
    
      Fraszak v. Erie R. R. Co., 170 App. Div. 934, affirmed.
    (Argued February 12, 1918;
    decided February 26, 1918.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 10, 1915, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant, his employer. The plaintiff, was engaged in painting a plate girder bridge, by which the tracks of the defendant were carried above the tracks of the New York Central approximately twenty-one feet below. At the time of the accident plaintiff was standing on a board placed upon the upper flanges of the floor beams of the bridge. The plaintiff alleged that one end of the board moved out and dropped down and he and the board fell to the New York Central tracks below, causing the injuries complained of. The defendant denied negligence on its part and alleged assumption of risk.
    
      John W. Ryan for appellant.
    
      Frederick A. Hipp for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Chase, Hogan, Pound, Crane and Andrews, JJ. Dissenting: His cock, Ch. J., and McLaughlin, J.  