
    James F. Byrnes, as Administrator of the Estate of Peter Byrnes, Deceased, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.
    
      Byrnes v. If. T. G. & II. B. B. B. Go., 139 App. Div. 903, affirmed.
    (Argued March 23, 1910;
    decided April 8, 1910.)
    Appeal from a j'udgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 12, 1909, modifying and affirming as modified a judgment in favor of plaintiff and affirming 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 the negligence of defendant.
    
      Martin Gilligan and Charles C. Paulding for appellant.
    
      George B. Payes and Henry L. Seheuerman for respondent.
   Judgment affirmed, with costs; no opinion.

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