
    Mary Riordan, as Administratrix of the Estate of Timothy J. Riordan, Deceased, Appellant, v. American Tobacco Company, Respondent.
    
      Riordan v. American Tobacco Co., 107 App. Div. 617, affirmed.
    (Argued April 2, 1906;
    decided April 24, 1906.)
    Appeal from a judgment of tire Appellate Division of the Supreme Court in tire first judicial department, entered October 20, 1905, 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 alleged negligent killing of plaintiff’s intestate.
    
      Frank Parker Ufford and Philip Carpenter for appellant.
    
      Frank Verner Johnson for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., O’Brien, Haight and Werner, JJ. Dissenting: Edward T. Bartlett, Hiscock and Chase, JJ.  