
    CURRAN, Appellant, v. McKELVEY et al., Respondents.
    (Supreme Court, Appellate Division, First Department.
    May 7, 1897.)
    Action by Mamie Curran, as administratrix of John Curran, deceased, against John McKelvey and another.
    James J. Thornley, Jr., and William P. Burr, for appellant.
    Herbert 0. Smyth and Edwin A. Jones, for respondents.
   BARRETT, J.

The facts in this case are the same as in Mayer v. McWalters (decided at this term) 45 N. Y. Supp. 243. For the reasons there stated, the order should be reversed, and the motion granted, without costs.  