
    Adam Bernhard, Respondent, v. The City of Rochester Appellant.
    
      Bernhard v. City of Rochester, 127 App. Div. 875, affirmed.
    (Argued January 18,1909;
    decided February 9, 1909.)
    Appeal from a judgment of the Appellate Division of the . Supreme Court in the fourth judicial department, entered July 30, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover damages to plaintiff’s premises alleged to have been caused by lowering the grade of a street.
    
      W. W. Webb, Corporation Counsel (Edward Harris, Jr., of counsel), for appellant.
    
      George D. Forsyth for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Vann, Hiscook and Chase, JJ.  