
    Wilhelmina Kurt, as Administratrix of the Estate of William Kurt, Deceased, Respondent, v. The Lake Shore and Michigan Southern Railway Company, Appellant.
    
      Kurt v. Lake Shore & M. 8. By. Oo., 127 App. Div. 838, affirmed.
    (Argued Febuary 16, 1909;
    decided March 2, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July M, 1908, 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 plaintiff’s intestate alleged to have occurred through defendant’s negligence.
    
      Alfred L. Becker and Thomas D. Powell for appellant.
    
      Leroy Andrus and Herman Hennig for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ.  