
    George H. Root, as Administrator of the Estate of Jesse N. Westcott, Deceased, Appellant, v. Pennsylvania Railroad Company, Respondent.
    
      Booty. Pennsylvania B:R. Co., 147 App. Div. 918, affirmed.
    (Argued May 1, 1913;
    decided May 20, 1913.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 28, 1911, 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.
    
      Merwin W. Lay for appellant.
    
      II. J. Adams and Frank Rumsey for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Willard Bartlett, Hiscooic, Chase, Collin and Hogan, JJ. Absent: Werner, J.  