
    Herbert Rogers, Appellant, v. The City of Rome, Respondent.
    
      Rogers v. City of Borne, 108 App. Div. 358, affirmed.
    (Argued November 23, 1906;
    decided December 21, 1906.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 13, 1905, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial, and granted a new trial in an action to recover for personal injuries alleged to have been received through defendant’s negligence.
    
      Howard G. Wiggins for appellant.
    
      M. J. Larhin for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner and Willard Bartlett, JJ. Not sitting: Hiscook, J.  