
    Frank X. Gerstner, Appellant, v. The New York Central and Hudson River Railroad Company, Respondent.
    
      Gerstner v. AT. Y. C. & II. JR. B. B. Co., 81 App. Div. 562, affirmed.
    (Argued May 9, 1904;
    decided May 31, 1904.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 11,1903, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial.
    
      S. E. EilTcins for appellant.
    
      Charles A. Pooley for respondent.
   Order affirmed and judgment absolute ordered for defendant on the stipulation, with costs ; no opinion.

Concur: Bartlett, Martin, Vann, Cullen and Werner, JJ. Absent: Parker,Ch. J. Not voting: Gray, J.  