
    OSBORNE, Respondent, v. McARTHURS BROS. CO., Appellant.
    (Supreme Court, Appellate Division, First Department.
    November 8, 1907.)
    Action by Clarence J. Osborne against the McArthurs Bros. Company. J. M. Goodale, for appellant. H. B. Goodstein, for respondent.
   PER CURIAM.

Judgment affirmed, with costs, with leave to defendant to withdraw demurrer and to answer, on payment of costs in this court and in the court below. Order filed.

SCOTT, J., dissents.  