
    Julius Weiss, as Administrator of Bertha Weiss, Deceased, Appellant, v. Metropolitan Street Railway Company, Respondent.
    
      Weiss v. Metropolitan Street Ry. Co., 33 App. Div. 221, affirmed.
    (Argued January 22, 1901;
    decided February 8, 1901.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 18, 1898, affirming a judgment in favor óf defendant entered upon a dismissal of the complaint by the court at a Trial Term, and an order denying a motion for a new trial.
    
      S. Livingston Samuels and Otto Horwitz for appellant.
    
      Charles F. Brown and Henry A. Robinson, for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Barker, Ch. J., Gray, Bartlett, Martin, Vann and Werner, JJ. Dissenting: Cullen, J.  