
    Gertrude Smith, as Administratrix of the Estate of Harry A. Smith, Deceased, Appellant, v. The Long Island Railroad Company, Respondent.
    
      Smiths. Long Island B. B. Oo., 113 App. Div. 933, affirmed.
    (Argued October 11, 1907;
    decided October 29, 1907.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 30, 1906, 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 caused by defendant’s negligence.
    
      Edward J. MeCrossin for appellant.
    
      William C. Beeeher and Joseph F. Keany for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Oh. J., O’Brien, Edward T. Bartlett, Haight, Hisoook and Chase, JJ. Absent: Vann, J.  