
    Ella Luffman, as Administratrix, etc., of William Luffman, Deceased, Respondent, v. Hudson River Telephone Company, Appellant.
   Judgment and order reversed and new trial granted, with costs to appellant to abide event, unless the plaintiff stipulates to reduce the verdict to $6,000, in which case judgment, as so modified, and order affirmed, without costs. All concurred, except Houghton, J., dissenting and voting for a reversal on the ground that the plaintiff should have been compelled to elect whether she would go to the jury under the Employers’ Liability Act" or under her common-law cause of action, there being a question of fact as to superintendence under the Employers’ Liability Act and no liability for the acts of the foreman under the common-law cause of action because he was a fellow-servant. 
      
       See Laws of 1902, chap. 600; Labor Law (Consol, Laws, chap. 81; Laws of 1909, chap. 86), § 200 at seq.— [Rep.
     