
    Bryan J. O’Donnell, as Administrator, etc., Appellant, v. The New York Central and Hudson River Railroad Company, Respondent.
    (Argued March 18, 1889;
    decided April 16, 1889.)
    Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 15,1887, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting the plaintiff on trial.
    
      Louis Marshall for appellant.
    
      Frank H. Hiscock for respondent.
   Agree to affirm; no opinion.

All concur, except Ruger, Ch. J., Andrews and Danforth, JJ., dissenting.

Judgment affirmed.  