
    GARDNER, Respondent, v. SCHENECTADY RY. CO., Appellant.
    (Supreme Court, Appellate Division, Third Department.
    November 10, 1909.)
    Action by Bridget A. Gardner, as administratrix, etc., of Joseph P. Gardner, deceased, against the Schenectady Railway Company.
   PER CURIAM.

Order granting extra allowance reversed, and judgment modified, by deducting therefrom the amount of said extra allowance, and, as so modified, said judgment and order denying a new trial affirmed, with costs. See, also, 128 App. Div. 12, 112 N. Y. Supp. 369. SMITH, P. J., not voting, he having participated in the consideration of the case, under rule 10 of the rules of the department, although not present at the oral argument.  