
    Garrett Neagle, as Administrator of the Estate of Garrett Neagle, Jr., Deceased, Appellant, v. The Syracuse, Binghamton and New York Railroad Company, Respondent, Impleaded with Another.
    
      Neagle v. Syracuse, B,. & N. T. B. B. Go., 129 App. T)iv. 936, affirmed.
    (Argued January 11, 1910;
    decided January 25, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 21,1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the death of plaintiff’s intestate alleged to have occurred through the negligence of the defendant, his employer.
    
      Frank C. Sargent for appellant.
    
      A. D. Jenney for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Edward - T. Bartlett, Haight, Vann, Werner and Hiscock, JJ.  