Majority
p. 777Margaret Hovell, as Administratrix, etc., of Edgar Thomas Hovell, Deceased, Respondent, v. Victor J. Dowling and Thomas E. Murray, Jr., as Receivers of the Interborough Rapid Transit Company, Appellants.
Action to recover damages for the death of plaintiff’s intestate, killed by a train of the Interborough Rapid Transit Company, of which defendants are receivers. Judgment in favor of the plaintiff affirmed, with costs. The record on this appeal presents a stronger case in favor of the plaintiff than that which appeared on the prior trial. Carswell, Davis and Johnston, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent and vote for reversal and a new trial on the ground that the verdict of the jury is against the weight of the evidence.