
    FLARETY et al., Appellants, v. SCHUPPENHAUER, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    October 20, 1909.)
    Action by Margaret Flarety and another, as administrators, etc., against John Scbuppenhauer.
   PER CURIAM.

Judgment reversed, and new trial ordered before another referee, with costs to appellant to abide event, upon questions of fact. Held, that the deç~ision is contrary to and against the weight of the evidence.

ROBSON, J., dissents. KRUSE~, J., not sitting.  