
    Elmira E. Van Inwegen, as Administratrix of the Estate of Benjamin H. Van Inwegen, Deceased, Respondent, v. Erie Railroad Company, Appellant.
    
      Van Inwegen v. Erie B. B. Go., 126 App. Div. 297, affirmed.
    (Argued December 16, 1908;
    decided January 12, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 18, 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 ocurred through defendant’s negligence.
    
      Henry Bacon for appellant.
    
      Lewis E. Carr and Abram F. Servin for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Werner, Hiscook and Chase, JJ. Not sitting: Vann, J.  