
    HAWORTH, Appellant, v. ENGINEER CO., Respondent.
    (Supreme Court, Appellate Division, First Department.
    December 27, 1907.)
    Action by Lloyd B. Haworth against the Engineer Company,
    J. F. Donnelly, for appellant. H. Bull, for respondent.
   No opinion. Judgment modified, by striking therefrom the words “upon the merits,” and, as so modified, affirmed, without costs. Order filed.  