
    Thomas O’Leary, as Administrator of the Estate of Cornelius O’Leary, Deceased, Respondent, v. New York City Railway Company, Appellant.
    
      O’Leary v. New York City By. Co., 124 App Div. 920, affirmed.
    (Argued April 6, 1909;
    decided April 27, 1909 )
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 4, 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.
    
      Bayard H. Ames, Vine H. Smith and James I. Quaekenbush for appellant.
    
      Boger B. Wood, George Gordon Battle and Dudley Field Malone for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Werner, Willard Bartlett, Hisoook and Chase, JJ.  