
    CORNELL, Respondent, v. INTERBOROUGH RAPID TRANSIT CO., Appellant.
    (Supreme Court, Appellate Division, First Department.
    April 8, 1909.)
    Action by Sophie B. Cornell, as administratrix, against the Interborough Rapid Transit Company.
    J. H. Adams, for appellant.
    A. J. Dittenhoefer, for respondent.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event unless plaintiff stipulates to reduce verdict to $8,600, in which event, judgment, as so modified, and order, affirmed, without costs. Settle order on notice.

McLAUGHLIN, j., dissents,

on the ground that the proof does not establish that defendant’s negligence was the cause of the collision, and also on the ground that the court erred in admitting in evidence against defendant’s objection and exception the American Mortality Tables.  