
    Eliza Hodge, as Administratrix of the Estate of James Hodge, Deceased, Appellant, v. The Rutland Railroad Company, Respondent.
    
      Hodge v. Rutland R. R. Go., 115 App. Div. 881, affirmed.
    (Argued January 21, 1909;
    decided February 9, 1909.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, éntered October 22, 1906, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial in an action to recover for the death of.plaintiff’s intestate alleged to have occurred through defendant’s negligence.
    
      R. M. Moore, B. W. Berry and C. A. Burke for appellant.
    
      John M. Cantwell for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Vann, Hiscock and Chase, JJ.  