
    O’BRIEN, Respondent, v. HARVEY, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    January 27, 1909.)
   Action by Thomas O’Brien against Ellen Harvey, as administratrix, etc. No opinion. Judgment reversed upon law and facts, and new trial ordered before another referee, with costs to appellant to abide event. Held, that the evidence is insufficient to establish plaintiff’s •claim.  