Judgment and order affirmed, with costs. See, also, 143 App. Div. 740, 128 N. Y. Supp. 204.
FOOTE and MERRELL, JJ., dissent upon the grounds: (1) That it däes not appear that the negligence 0f the defendant, if any, occasioned the death of the plaintiff's intestate; (2) that the deceased was not shown free from contributory negligence.