
    Frida Wystrach, as Administratrix of the Estate of Vincent Wystrach, Deceased, Appellant, v. Interborough Rapid Transit Company, Respondent.
    
      Wystrach v. Interborough Rapid Transit Cb.,125 App. Div.921, affirmed.
    (Argued March 22, 1909;
    decided April 6, 1909.)
    Appeal, hy permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 16, 1908, 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 the death of plaintiff’s intestate alleged to have occurred through the negligence of defendant.
    
      Augustus Van Wyck, Herbert D. Cohen and Richard J. Donovan for appellant.
    
      Henry W. Taft, Arthur G. Patterson and Charles A. Gardimer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Haight, Yann, Werner, Willard Bartlett, Hiscock and Chase, JJ.  