
    Fitzroy D’Arcy, as Administrator of the Estate of Violet D’Arcy, Deceased, Respondent, v. Interborough Rapid Transit Company, Appellant.
    
      JD'Arcy v. Interborough Rapid Transit Co., 165 App. Div. 757, affirmed.
    (Argued October 16, 1916;
    decided October 31, 1916.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 28, 1915, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of the defendant, a common carrier, in running a train in the reverse direction, i. e., southerly, at high speed and without warning past a subway station platform for north-bound trains, striking and killing intestate, while she, a passenger on said platform, was looking over its edge for a north-bound train.
    
      B. H. Ames, Frederick Allis and James L. Quack&ibush for appellant.
    
      Ralph Gillette for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Willard Bartlett, Oh. J., Hiscock, Chase, Collin, Ouddeback, Cardozo and Pound, JJ.  