
    The Bath Gas Light Company, Appellant, v. John T. Rowland, Respondent.
    
      Bath Gas Light Go. v. Rowland, 84 App. Div. 563, affirmed.
    (Argued May 12, 1904;
    decided May 31, 1904.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 5, 1903, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and granting a new trial. i
    
      James MeKeen for appellant.
    
      Cha/rles J). Bidgway for respondent.
   Order affirmed and judgment absolute ordered for defendant on the stipulation, with costs, on opinion below.

Concur: Pabkeb, Ch. J., Gbay, Babtlett, Vann and Webneb, J J. Dissenting: O’Bbien, J. Not voting: Mabtin, J.  