
    Michael Kelly, as Administrator of the Estate of Michael J. Kelly, Deceased, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.
    
      Kelly v. N. Y. C. & H. R. R. R. Co., 136 App. Div. 906, affirmed.
    (Argued January 12, 1911;
    decided January 27, 1911.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 10, 1909, 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 been occasioned by the defendant’s negligence.
    
      Hugh E. Rourke for appellant.
    
      Hamilton Ward for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Vann, Werner and Hiscock, JJ. Dissenting: Haight and Collin, JJ.  