Winne v. Erie Railroad — 153 N.Y.S. 1150

p. 1150

WINNE, Respondent, v. ERIE R. CO., Appellant.

(Supreme Court, Appellate Division, Second Department.

June 4, 1915.)

Headnote

Action by

p. 1151

Josephine O. Winne, as ancillary administratrix of Claude J. Winne, deceased, against the Erie Railroad Company.

The parties hereto having stipulated in open court that this case may be dispose"! of by a court of four, the decision is as follows: Judgment and order affirmed, with

costs.

dissents, upon the ground that there was no jurisdiction on the part of the surrogate to grant the ancillary letters, and also upon the ground that the case does not come under the federal Employers’ Liability Act (Act April 22, 1908, c. 149, 35 Stat. 65 [U. S. Comp. St. 1913, §§ 8657-8665]).