
    Mart B. Shepard, as Administrator of the Estate of Frank J. Brown, Deceased, Appellant, v. The Pennsylvania Railroad Company, Respondent.
    (Submitted January 14, 1915;
    decided February 2, 1915.)
    
      Shepard v. Pennsylvania R. R. Co., 158 App. Div. 884, reversed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 24, 1913, affirming a judgment in favor of defendant entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant, his employer.
    
      John T. Ryan for appellant.
    
      Frank Rumsey and H. J. Adams for respondent.
   Judgment reversed and new trial granted, costs to abide event, on dissenting opinion of Kruse, P. J., below.

Concur: Willard Bartlett, Ch. J., Collin, Hogan, Cardozo and Seabury, JJ. Dissenting: Hiscock and Cuddeback, JJ.  