
    Paul D. Hawkins, Respondent, v. August Kuhne, Appellant.
    
      Hawkins v. Kuhne, 153 App. Div. 216, affirmed.
    (Argued March 24, 1913;
    decided April 15, 1913.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 21, 1912, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for an alleged assault and false imprisonment alleged to have been committed against plaintiff by defendant while acting captain of the police force of the city of New York.
    
      Archibald B. Watson, Corporation Counsel (Jesse W. Johnson and James D. Bell of counsel), for appellant.
    
      Arthur F. Gotthold, William, H. Corbitt and Ernest J. Ellenwood for respondent.
   Judgment affirmed, with costs.

Concur: Cullen, Ch. J., Gray and Willard Bartlett, JJ., on opinion of Woodward, J., below. Concur in result: Chase, Cuddebaok, Hogan and Miller, JJ.  