
    Agnes Eagen, as Administratrix of the Estate of George Eagen, Deceased, Respondent, v. Buffalo Union Terminal Railroad Company, Appellant.
    Reported below, 134 App. Div. 995.
    (Argued January 3, 1910;
    decided January 11, 1910.)
    Motion . to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 30, 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 the plaintiffs intestate alleged to have been occasioned by defendant’s negligence.
    The motion was made upon the ground that the exceptions were frivolous and the appeal taken for purposes of delay only.
    
      F. G. Bagley for motion.
    
      Alfred Becker opposed.
   Motion denied, with ten dollars costs.  