
    O’LEARY, Respondent, v. NEW YORK CITY RY. CO., Appellant.
    (Supreme Court, Appellate Division, First Department.
    February 7, 1908.)
    Action by Thomas O’Leary, as administrator, against the New York City Railway Company.
    B. H. Ames, for appellant. G. G. Battle, for respondent.
   PER CURIAM.

Judgment and order affirmed,, with costs. Order filed.

INGRAHAM and LAUGHLIN, JJ., dissent.  