
    Emilie Kohm, as Administratrix of the Estate of Adolph Kohm, Deceased, Appellant, v. Interborough Rapid Transit Company, Respondent.
    (Argued April 11, 1907;
    decided April 30, 1907.)
    
      Kohm v. Interborough Rapid Transit Co., 111 App. Div. 925, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 1, 1906, affirming a judgment in fa.vor 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 been caused by defendant’s negligence.
    
      Ghdrles Steclder and Levin L. Brown for appellant.
    
      J. Osgood Nichols, Albert J. Kenyon and Oharles A. Gardiner for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., O’Brien, Haight, Vann, Hiscook and Chase, JJ; Dissenting : Edward T. Bartlett, J.  