
    Fourth Department,
    November, 1913.
    Newell S. Coe, as Administrator, etc., of Laura S. Coe, Deceased, Appellant, v. Northern Central Railway Company, Respondent.
    Appeal by the plaintiff from an order of the Supreme Court, entered in the Wayne county clerk’s office on the 23d day of August, 1913, granting a motion for a new trial made by the defendant.
    Order affirmed, with costs, upon the memorandum of Sutherland, J., delivered in the court below. All concurred. The following is the memorandum of the court below:
   Sutherland, J.:

The verdict in favor of plaintiff is set aside as contrary to the evidence; no negligence was shown. A new trial is, therefore, granted.  