
    HOURIHAN, Respondent, v. DELAWARE, L. & W. R. CO., Appellant.
    (Supreme Court, Appellate Division, Third Department.
    December 30, 1912.)
    Action by Patrick Hourihan, as administrator, etc., against the Delaware, Lackawanna & Western Railroad Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

SMITH, P. J.,

dissents, upon the ground that there is no evidence upon which the jury was authorized to find substantial damages. HOUGHTON, J., not sitting.  