Hedwig Hacker, as Administratrix of the Estate of Julius Hacker, Deceased, Respondent, v. O'Rourke Engineering Construction Company, Appellant

Hedwig Hacker, as Administratrix of the Estate of Julius Hacker, Deceased, Respondent, v. O’Rourke Engineering Construction Company, Appellant. (Argued March 4, 1907; decided April 2, 1907.) Hacker r. O’Rourke Eng. & Constr. Co., 115 App. Div. 893, affirmed. Appeal from a judgment qf the Ajipellate Division of the Supreme Court in the first judicial department, entered November 8, 1906, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion -for a new trial in an action to recover for the death of plaintiff’s intestate alleged to have been caused by defendant’s negligence. Theodore 1:1. Lord for appellant. Charles Steclcler and Levin L. Brown for respondent. [MAJORITY] Judgment affirmed, with costs ; no opinion. Concur; Cullen, Ch. J., G-ray, Edward T. Bartlett, Haight, Willard Bartlett, Hiscock and Chase, JJ.