
    Matthias Ruppert, as Administrator of Joseph Ruppert, Deceased, Respondent, v. The Brooklyn Heights Railroad Company, Appellant.
    
      Ruppert v. Brooklyn Heights R. R. Go., 62 App. Div. 919, reversed.
    (Argued April 3, 1902;
    decided April 18, 1902.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 17, 1901, affirming a judgment in favor of the plaintiff entered upon a verdict, and an order denying a motion for a new trial.
    
      I. R. Oeland for appellant.
    
      Henry A. Monfort for respondent.
   Judgment reversed and new trial granted, costs to abide event, on authority of former decision in this case (154 N. Y. 90).

Concur: Parker, Ch. J., Gray, O’Brien, Haight and Martin, JJ. Not voting: Bartlett and Vann, JJ.  