
    VAUGHAN, Appellant, v. CITY OF TROY, Respondent.
    (Supreme Court, Appellate Division, Third Department.
    June 29, 1910.)
    Action by Theresa L. Vaughan against the City of Troy.
   PER CURIAM.

Interlocutory judgment affirmed, and demurrer sustained, with costs, with leave to plaintiff to serve amended complaint within 20 days on payment of costs in this court and in the court below.

SMITH, P. J., and HOUGHTON, J.,

dissent, on the ground that the statute does not apply to the situation pleaded in the complaint.  