
    Celia Reilly, as Administratrix of the Estate of David Reilly, Deceased, Appellant, v. Troy Brick Company, Respondent.
    
      Reilly v. Troy Brick Co., 130 App. Div. 893, affirmed.
    (Argued February 15, 1910;
    decided March 1, 1910.)
    Appeal from a judgment of the Appellate Division of the! Supreme Court in the third judicial department, entered Feb-I ruary 4, 1909, affirming a judgment in favor 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 occasioned by the negligence of defendant, his employer.
    
      George B. Wellington for appellant.
    
      Lewis E. Griffith for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Gray, Edward T. Bartlett, Haight and Hiscock, JJ.' Dissenting: Cullen, Ch. J., Vann and Werner, JJ.  