
    SULLIVAN, Respondent, v. CITY OF SYRACUSE, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    November 25, 1914.)
    Action by John Sullivan against the City of Syracuse.
   PER CURIAM.

Judgment and order affirmed, with costs.

MERRELL, J., dissents upon the grounds, first, that the work in which the plaintiff was engaged was the performance of a governmental function, and not such as to render the defendant liable for the negligence complained of. or to bring the defendant within the provisions of the Labor Law (Consol. Laws, c. 31); and, second, that in any event the verdict is against the weight of the evidence.  