
    Phenix Insurance Company of Brooklyn, Respondent, v. New York Central and Hudson River Railroad Company, Appellant.
    
      Phenix Ins. üo. v. M. T. G. & H. B. B. B. Go., 132 App. Div. 113, affirmed.
    (Argued October 20, 1909;
    decided November 9, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 19, 1907, 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 damages alleged to have been occasioned by defendant negligently running a train over ¡fire hose stretched across its track.
    
      Charles A. Pooley for appellant.
    
      A. C. Wade for respondent.
   Judgment affirmed, with costs; no opinion.

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