
    Anna C. Dougherty, as Administratrix of the Estate of William J. Dougherty, Deceased, Respondent, v. Westinghouse, Church, Kerr and Company, Appellant.
    
      Dougherty v. Westinghouse, Ohurch, Kerr & Oo., 134 App. Div. 894, affirmed.
    (Argued December 8, 1908;
    decided January 5, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 17, 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 occurred through defendant’s negligence.
    
      John C. Robinson and Frank V. Johnson for appellant.
    
      Thomas J. O'Neill and Joseph A. Corr for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Vann and Willard Bartlett, JJ. Dissenting: Gray, J. Not voting: Hiscock, J. Absent: Werner, J.  