Judgment affirmed, with costs; no opinion.
Concur: Gray, Willard Bartlett, Chase, Cuddeback, Hogar and Miller, JJ. Absent: Culler, Oh. J.
Spila v. N. Y. C. & H. R. R. R. Co, 154 App. Div. 907, affirmed.
(Argued May 22, 1913;
decided June 10, 1913.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 7, 1913, affirming a judgment in favor of defendant entered' upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned by the defendant’s negligence.
*511Sydney A. Syme for appellant.
John F. Brennan for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Gray, Willard Bartlett, Chase, Cuddeback, Hogar and Miller, JJ. Absent: Culler, Oh. J.
209 N.Y. 510
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