
    Fiorentina Toppi, as Administratrix of the Estate of Louis Toppi, Deceased, Respondent, v. John B. McDonald, Appellant.
    
      Toppi v. McDonald, 129 App. Div. 443, affirmed.
    (Argued October 13, 1910;
    decided October 28, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 12,1908, 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 been occasioned by defendant’s negligence.
    
      Gourtlandt V. Anable and Raymond D. Thurber for appellant.
    
      Thomas J. O’Weill and L. F. Fish for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Werner, Willard Bartlett, Hiscock and Chase, JJ.  