
    Catharine Carmody, as Administratrix of John Carmody, Deceased, Appellant, v. Fitchburg Railroad Company, Respondent.
    (Argued March 18, 1901;
    decided April 30, 1901.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 17, 1900, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, and an order denying a motion for a new trial.
    
      John Brooks Leavitt and Walter R. Beach for appellant.
    
      T. F. Hamilton for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Parker, Oh. J., Dray, Cullen and Werner, JJ. Dissenting: Bartlett, Martin and Vann, JJ.  