
    GOMBERT, Appellant, v. McKAY, Respondent.
    (Supreme Court, Appellate Division, First Department.
    November 19, 1909.)
    Action by Margaret Gombert, as administratrix, against Pater McKay.
    C. La Rue, for appellant.
    F. V. Johnson, for respondent.
   PER CURIAM.

Judgment and order affirmed, with costs. Order filed.

INGRAHAM and CLARKE, JJ., dissent.  