Majority
p. 904The People of the State of New York, Respondent, v. Millie J. Newcomb, as Administratrix, etc., of Sarah A. Wiggins, Deceased, Appellant.
Order affirmed, with ten dollars costs.and disbursements. AU concurred, except Kruse, J., who dissented upon the ground that the Court of Appeals having ordered a new trial against the.substituted defendant, administratrix, and the plaintiff having proceeded without asking for a modification of the decision, and the defendant having succeeded on the trial, she is now entitled to costs under the decision of that court.