
    Kate Johnston, Respondent, v. Phoenix Bridge Company, Appellant, Impleaded with Others.
    
      Johnston v. Plmnix Bridge Co., 44 App. Div. 581, affirmed.
    (Argued November 15, 1901;
    decided December 20, 1901.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 23,1899, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial.
    
      Charles G. Facial for appellant.
    
      James G. Gropsey for respondent.
   Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs, on authority of Deming v. Terminal Ry. Co. (169 N. Y. 1).

Concur: Parker, Ch. J., O’Brien, Bartlett, Haight, Martin, Vann and Landon, JJ.  