
    Ralph T. Smith, as Administrator of the Estate of William H. Lago, Deceased, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.
    
      Smith v. W. T.O.&R. B. B. B. Go., 123 App. Div. 910, affirmed.
    (Argued October 28,' 1909;
    decided November 16,1909.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 6, 1907, 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 plaintiffs intestate alleged to have been occasioned by defendant’s negligence.
    
      Henry PxoreeU for appellant.
    
      JB. A. Field for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Vann, Willard Bartlett, His-cook and Chase, JJ. Dissenting: Gray and Werner, JJ.  