
    Charles Tremper, as Administrator of the Estate of James E. Horton, Deceased, Respondent, v. Erie Railroad Company, Appellant.
    
      Horton v. Erie Railroad Qo., 80 App. I)iv. 379, appeal dismissed.
    (Submitted October 21, 1904;
    decided November 15, 1904.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 4, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying á motion for a new trial.
    
      Henry Bacon and Poaejth Merritt for appellant.
    
      Ercmh Pjyholt for respondent.
   Appeal dismissed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Bartlett, IIaight, Martin and Werner, JJ. Not sitting; Vann, J.  