
    PHALEN v. RAE.
    (Supreme Court, Appellate Division, Third Department.
    May 5, 1915.)
    Action by Victoria Phalen, as administratrix, etc., of John Phalen, deceased, against Walter S. Rae and the New York Central & Hudson River Railroad Company.
   PER CURIAM.

Judgment and order affirmed, with costs.

SMITH, P. J., and KELLOGG, J., dissent  