
    Minnie Cholet, as Administratrix of the Estate of Henry Cholet, Deceased, Appellant, v. The City of Syracuse, Respondent.
    
      Cholet v. City of Syracuse, 111 App. Div. 903, affirmed.
    (Argued June 19, 1906;
    decided October 2, 1906.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth .judicial department, entered January 13, 1906, 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 in an action to' recover' for'the alleged negligent killing of plaintiff’s intestate.
    
      Pay B. Smith for appellant.
    
      Walter W Magee,. Corporation Counsel (William Nottingham of counsel), for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Oh. J., Vann, Werneb. and Chase, JJ. > Absent: O’Bbien, J. Dissenting: Willard Bartlett, J. Not sitting: Hiscook, J.  