
    Bridget A. Gardner, as Administratrix, etc., of Joseph P. Gardner, Deceased, Respondent, v. Schenectady Railway Company, Appellant.
   Decision modified by inserting after the words “Smith, P. J., not voting” the following words: “.he having participated in the consideration :of the case, under Rule "10 of the Rules of the Department, although not present at the oral argument.” (See 134 App. Div. 989.)  