
    George W. Provost, as Administrator of the Estate of Alice Provost, Deceased, Respondent, v. International Giant Safety Coaster Company, Appellant.
    
      Provost v. International Giant Safety Coaster Co., 153 App. Div. 83, affirmed.
    (Submitted May 13, 1913 ;
    decided June 3, 1913.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 1, 1912, modifying and affirming as modified a judgment in favor of plaintiff 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.
    
      ■ Joseph N. Tuttle and Jeremiah J. Goughian for appellant.
    
      Don JR. Almy and William S. Evans for respondent.
   Judgment affirmed, with costs, on opinion of McLaughlin, J., below.

Concur: Gray, Willard Bartlett, Chase, Cuddebacic and Hogan, JJ. Dissenting: Cullen, Oh. J. Not sitting: Miller, J.  