
    Catharine Hedorfer, as Administratrix of the Estate of John Hedorfer, Deceased, Appellant, v. Jacob Ruppert, Respondent.
    
      Hedorfer v. Ruppert, 104 App. Div. 631, affirmed.
    (Argued January 21, 1907;
    decided February 19, 1907.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 12, 1905, 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 his being kicked by a vicious horse belonging to defendant.
    
      John Frankenheimer for appellant.
    
      George Gordon Battle and Frederick E. Fishel for respondent.
   Judgment affirmed, with costs ; no opinion.

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