
    Ellen Cook, as Administratrix of John Cook, Deceased, Respondent, v. Caspar W. Dean et al., Appellants.
    (Argued June 21, 1899;
    decided October 3, 1899.)
    
      Oook v. Dean, 11 App. Div. 123, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 30, 1896, reversing a judgment in favor of defendants entered upon a dismissal of the complaint at a Trial Term, and granting a new trial.
    
      L. Lafflin Kellogg and Alfred C. Petté for appellants.
    
      Charles J. Patterson for respondent.
   . Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs, on opinion below.

All concur, except Parker, Ch. J., Gray and O’Brien, JJ., dissenting.  