
    ROGERS, Respondent, v. CITY OF ROME, Appellant.
    (Supreme Court, Appellate Division. Fourth Department.
    October 11, 1905.)
    Action by Herbert Rogers against the city of Rome.
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appelr lant to abide event, upon question of law only; the facts having been examined and no error found therein. Held, that the plaintiff failed to show actionable negligence on the part of the defendant. ■

SPRING and HISCOCK, JJ., dissent.  