
    BYRNE, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.
    (Supreme Court, Appellate Division, First Department.
    December 11, 1908.)
    Action by James F. Byrne, as administrator, against the New York Central & Hudson River Railroad Company. M. Gilligan, for appellant. O. B. Hayes, for respondent.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, costs to appellant to abide event, unless plaintiff stipulates to reduce verdict to $5,000, in which event, judgment, as so modified, and order, affirmed, without costs. Settle order on notice.

SCOTT, J., dissents, voting for reversal.  