
    SMITH, Appellant, v. EMPIRE TRANSP. CO., Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    July 30, 1897.)
    Action by Hannah Smith, as administrator of George W. Smith, deceased, against the Empire Transportation Company. -Elijah W. Holt, for appellant. John G. Milburn, for respondent.
   PER CURIAM.

This action has been twice tried. On the first trial the plaintiff recovered a judgment, which was reversed. 89 Hun, 588, 35 N. Y. Supp. 534. On the trial under review the evidence contained in the record on which the first appeal was heard was read, no new evidence being offered by either party. The judgment and order are affirmed, with costs, on the opinion reported in 89 Hun, 588, 35 N. Y. Supp. 534. All concur.  