Opinion
Submitted January 7, 1910
Decided January 25, 1910
E. Clyde Sherwood and Frank V. Johnson for appellant.
Clinton B. Taylor and Eugene I. Yuells, for respondent.
Judgment affirmed, with costs; no opinion.
Concur: CULLEN, Ch. J., VANN, WILLARD BARTLETT, HISCOCK and CHASE, JJ. Dissenting: WERNER, J., on the grounds, first, that the plaintiff has failed to make out his charge of negligence against defendant, and, second, that the Employers' Liability Act is entirely insufficient. Absent: EDWARD T. BARTLETT, J.