
    Catherine Newman, as Administratrix of the Estate of Frank L. Newman, Deceased, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.
    
      Newman v. N. 7. 0. & H. B. B. B. Co., 125 App. Div. 903, affirmed.
    (Argued January 13, 1909;
    decided January 29, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 2,1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for the death of plaintiff’s intestate alleged, to have occurred through defendant’s negligence.
    
      L. B. Williams for appellant.
    
      James E. Newell for respondent.
   Judgment affirmed, with costs; no opinion.

Concur : Edward T. Bartlett, Haight, Vann and Werner, JJ. Dissenting: Cullen, Ch. J., Gray and Hiscook, JJ.  