
    CONE, Plaintiff, v. LACKAWANNA STEEL CO., Defendant.
    (Supreme Court, Appellate Division, Fourth Department.
    October 7, 1908.)
    Action by Catherine' Cone, as administratrix, etc., against the Lackawanna Steel Company.
   PER CURIAM.

Defendant’s exceptions sustained, and motion for new trial granted, with costs to defendant to abide event. Held, that the court erred in excluding evidence of the contract between the corporations, and evidence with reference to the pay roll and the contract and' pay check, and then holding and charging the jury that deceased was in defendant’s employ when the accident and death occurred. See Kirby v. Lackawanna Steel Company, 109 App. Div. 334, 95 N. Y. Supp. 833.

SPRING and KRUSE, JJ., dissent.  