Majority
p. 586Fred C. Trimbey, Appellant, v. Central New York Telephone and Telegraph Company, Respondent. (Argued October 38, 1913; decided November 25, 1913.)
Headnote
Trimbey v. Central N. Y. Telephone & Telegraph Co., 147 App. Div. 919 , affirmed.Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth
p. 587
judicial department, entered December 7, 1911, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at. a Trial Term in an action to recover for personal injuries • alleged to have been sustained by plaintiff through the negligence of defendant, his employer.
M. W. Lay for appellant.
James F. Hubbell for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Werner, Willard Bartlett, Chase, Collin and Miller, JJ. Dissenting: Hiscock and Hogan, JJ.