
    Nicholas Toerge, Respondent, v. The City of New York, Appellant.
    
      Toerge v. City of New York, 119 App. Div. 876, affirmed.
    (Argued November 19, 1908;
    decided December 8, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 22, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover damages alleged to have been caused by the overflow of a sewer.
    
      Francis K. Pendleton, Corporation Counsel (James D. Bell of counsel), for appellant.
    
      E. J. McCrossin for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Werner, Willard Bartlett, Hiscock and Chase, JJ.  