
    Concetta Laplaca, as Administratrix of the Estate of Liborio Laplaca, Deceased, Respondent, v. The Lake Shore and Michigan Southern Railway Company, Appellant.
    
      Laplaca v. Lalce Shore & M. 8. Sy. Go., 127 App. Div. 843, affirmed.
    (Argued January 15, 1909;
    decided January 29, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 15, 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 occurred through defendant’s negligence.
    
      Thomas D. Powell for appellant.
    
      Horace O. Lanza, J. R. Borzilleri and Frank A. Miceli for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Edward T. Bartlett, Yarn, Werner and Hiscock, JJ. Dissenting: Culler, Oh. J., Gray and Haight, JJ.  