
    Mary L. N. Curtis, as Executrix of Pierson C. Curtis, Deceased, Respondent, v. Hudson Valley Railway Company, Appellant.
    (Argued December 7, 1914;
    decided January 5, 1915.)
    
      Curtis v. Hudson Valley Railway Co., 158 App. Div. 373, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 16,1913, affirming a judgment in favor of plaintiff entered upon verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant.
    
      Lewis E. Carr and James McPhillips for appellant.
    
      Edgar T. Brackett and John B. Holmes for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Chase, Hogan, Miller and Cardozo, JJ.; Hiscock, J., dissents on the ground that improper evidence was received that the whistle did not blow and concerning the earnings of the decedent.  