
    William F Monck, as Administrator of the Estate of William F. Monck, Jr., Deceased, Respondent, v. The Brooklyn Heights Railroad Company, Appellant.
    (Argued October 9, 1905;
    decided October 24, 1905.)
    
      Monck v. Brooklyn Heights R. R. Co., 97 App. Div. 447, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 14, 1904, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial.
    
      John B. Stanchfield, I. R. Oeland and George D. Yeomans for appellant.
    
      Isaac M. Kapper and Thomas E. Pearsall for respondent.
   Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs; no opinion.

Concur: Cullen, Oh.. J., Bartlett, Vann and Werner, JJ. Dissenting: Gray and Haight, JJ. Absent: O’Brien, J.  