
    THAYER, Respondent, v. VILLAGE OF PENN YAN, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    January 12, 1910.)
    Action by Sampel I. Thayer, as administrator, etc., against the Village of Penn Yan.
   PER CURIAM.

Judgment and order affirmed, with costs.

ROBSON, J., dissents.  