
    SULLIVAN, Respondent, v. CITY OF ROME, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    November 30, 1904.)
    Action by Michael Sullivan against the city of Rome.
   PER CURIAM.

Order reversed, with costs. Motion for new trial denied, and judgment ordered for defendant on the verdict, with costs. Held, that it was improper to insert in the order granting the motion for a new trial the condition contained therein; also, held, that the motion should have been denied upon the merits.  