Majority
p. 881Eliza Hodge, as One of the Administrators, etc., of James Hodge, Deceased, Respondent, v. The Rutland Railroad Company, Appellant.
Decision amended so as to read as follows: Judgment and order affirmed as to facts and reversed upon the law, and a new trial granted, with costs to appellant to abide event. Opinion by Kellogg, J. (Reported in 112 App. Div. 142 .) All concurred.