
    Hugh Conway, as Administrator of the Estate of Thomas H. Sim, Deceased, Respondent, v. The City of New York, Appellant.
    
      Conway v. City of New York, 148 App. Div. 915, affirmed.
    (Argued March 28, 1913;
    decided April 15, 1913.)
    Appeal from a judgment of the Appellate Division of the Supreme Court, in the first judicial department, entered February 2, 1912, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant in failing to keep its streets in repair.
    
      Archibald R. Watson, Corporation Counsel {Clarence L. Barber and Terence Farley of counsel), for appellant.
    . Hellmuth Moerchen for respondent.
   " Judgment affirmed, with costs, on opinion of Clarke, J., below, on previous appeal. (139 App. Div. 446.)

Concur: Cullen, Oh. J., Gray, Willard Bartlett, Chase, Cuddeback and Hogan, JJ. Not sitting: Miller, J.  