
    SMITH, Appellant, v. NEW YORK CENT. & H. R. R. CO., Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    December 4, 1907.)
    Action by Ralph T. Smith, as administrator, etc., against the New York Central & Hudson River Railroad Company.
   PER CURIAM.

Judgment reversed, and new trial ordered, with costs to appellant to abide event. Held, that the case should have been submitted to the jury.

McLENNAN, P. J., dissents.  