Mary Geary, an Infant, by James Geary, Her Guardian ad Litem, Respondent, v. Persian Rug Manufactory, Appellant

Mary Geary, an Infant, by James Geary, Her Guardian ad Litem, Respondent, v. Persian Rug Manufactory, Appellant. Appeal from a judgment entered in the Mew York county clerk’s office on the 1st day of June, 1911, upon the verdict of a jury, and from an order entered on-the 6th day of June, 1911, denying a motion for a new trial. Judgment and order affirmed, with costs. Mo opinion. Present—Ingraham, P. J. (dissenting), McLaughlin, Clarke, Scott and Dowling, JJ. [DISSENT — Ingraham, P. J.] Ingraham, P. J. (dissenting): I dissent upon the ground that the last instruction to the jury on the subject of negligence,; charging the plaintiff’s first and second requests, left out -the provision -of the statute which requires that the person for. whose negligence the defendant shall he responsible must be a person in the .service of the employer intrusted with and exercising superintendence, whose sole or-principal duty is that of superintendence; that this was error, to which the defendant excepted; and for this reason I think there should be a new trial. See Laws of 1902, chap. 600; now Labor Law (Consol. Laws, chap. 31, Laws of 1909, chap. 36), art. 14, as amd.— [Rep. .