Gordon Ryan, as Administrator of Frederick Ryan, Deceased, Respondent, v. The Delaware and Hudson Company, Appellant

Gordon Ryan, as Administrator of Frederick Ryan, Deceased, Respondent, v. The Delaware and Hudson Company, Appellant. (Argued March 1, 1907; decided March 15, 1907.) Ryan v. Delaware & Hudson Co., 114 App. Div. 268, affirmed. Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 2, 1906, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granted a new trial in an action to recover for the death of,plain tiff’s intestate, alleged to have been caused by defendant’s negligence. Lewis E. Oarr for appellant. . George B. "Wellington and James A. Burnham for respondent. [MAJORITY] Order affirmed and judgment absolute ordered against appellant on .the stipulation, with costs in all courts, on the ground that the sufficiency of defendant’s rules was a question of fact for the jury; no opinion. Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ.