
    Ann F. Grant, as Administratrix of the Estate of James A. Grant, Deceased, Respondent, v. The Delaware, Lackawanna and Western Railroad Company, Appellant.
    
      Grant v. Delaware, L. & W. B. B. Go., 129 App. Div. 909, affirmed.
    (Argued December 7, 1909;
    decided January 4, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned by defendant’s negligence.
    
      Frederick W. Thomson for appellant.
    
      William S. Haskell for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Haight, Vann, Werner and Willard Bartlett, JJ. Dissenting: Gray and Hiscock, JJ.  