Majority
p. 510Tomassina Spila, as Administratrix of the Estate of John Spila, Deceased, Appellant, v. New York Central and Hudson River Railroad Company, Respondent. (Argued May 22, 1913; decided June 10, 1913.)
Headnote
Spila v. N. Y. C. & H. R. R. R. Co, 154 App. Div. 907 , affirmed.Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 7, 1913, affirming a judgment in favor of defendant entered' upon a dismissal of the complaint by the court at a Trial Term in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned by the defendant’s negligence.
p. 511
Sydney A. Syme for appellant.
John F. Brennan for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Gray, Willard Bartlett, Chase, Cuddeback, Hogar and Miller, JJ. Absent: Culler, Oh. J.