
    Agnes O’Leary, as Administratrix of the Estate of Timothy O’Leary, Deceased, Appellant, v. The Acme Engineering and Construction Company, Respondent.
    (Argued October 21, 1914;
    decided December 1, 1914.)
    
      O'Leary v. Acme Engineering & Construction Co., 151 App. Div. 947, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered August 2, 1912, which affirmed 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 through the negleigence of defendant, his employer.
    
      William Dewey Loucks for appellant.
    
      A. H. Cowie for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Werner, Chase, Collin, Hogan, Miller and Cardozo, JJ.  