
    Roger Kane, as Administrator of Edward O’Toole, Deceased, Respondent, v. The Mitchell Transportation Company, Appellant.
    
      Kane v. Mitchell Transportation Co., 90 Hun, 65, affirmed.
    (Argued June 15, 1897;
    decided October 5, 1897.)
    Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered November 9, 1895, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and also affirmed an order denying a motion for a new trial.
    
      Josiah Coolc for appellant.
    
      John Laughlin for respondent.
   Judgment affirmed on opinion below, with costs.

All concur, except Gray, J., absent.  