
    Margaret Gleason, as Administratrix of the Estate of Dennis Gleason, Deceased, Respondent, v. The Delaware, Lackawanna and Western Railroad Company, Appellant.
    
      Gleason v. Delaware, L. & W. R. R. Co., 115 App. Div. 896, affirmed.
    (Argued November 25, 1907;
    decided December 10, 1907.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 23, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been caused by defendant’s negligence.
    
      William 8. Jenney for appellant.
    
      George W. Driscoll for respondent.
   Judgment affirmed, with costs; “no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Vann, Willard Bartlett and Chase, JJ. Dissenting: Werner, J.  