Appellate Division of the Supreme Court of the State of New York July 1, 1902 (Ehrhard v. Metropolitan Street Railway Co.)

Hatch, J.:

This is an action for damages for the death of the plaintiff’s intestate, caused by the alleged negligence of the defendant, and is ■ its second appearance in this court.

Upon the former trial of the action, the jury rendered a verdict in favor of the plaintiff, which upon appeal to this court was-reversed upon the ground that the verdict was against the weight of evidence. (58 App.