Majority
p. 935James U. McKay, as Administrator, etc., of Elizabeth McKay, Deceased, Respondent, v. Syracuse Rapid Transit Railway Company, Appellant.
Judgment and order affirmed, with costs. Held, that the finding of the j.ury that defendant was guilty of actionable negligence and that plaintiff’s intestate was free from contributory negligence is supported by sufficient evidence, and that the negligence of the plaintiff, if any, although the sole beneficiary, is not a bar to his recovery. (Lewin v. Lehigh Valley R. R. Co., 53 App. Div. 69 .) All concurred.