
    Romain Poyet, as Administrator of the Estate of Ulisses Poyet, Deceased, Respondent, v. Charles Rohe, Doing Business under the Name of Rohe & Brother, Appellant.
    
      Poyet v. Rohe, 110 App. Div. 892, affirmed.
    (Argued January 15, 1907;
    decided February 1, 1907.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 12, 1906, 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 alleged negligent killing of plaintiff’s intestate.
    
      Edwin A. Jones for appellant.
    
      Willard N. Baylis for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Vann, Hiscock and Chase, JJ. Dissenting: Gray and Werner, JJ.  