
    William McKay, Appellant, v. The City of Buffalo, Respondent.
    (Argued September 30, 1878;
    decided October 4, 1878.)
    
      John C. Strong for appellant.
    
      Frank R. Perkins for respondent.
   Agree to affirm, with leave to defendant to amend on payment of costs. No opinion.

All concur, except Miller and Earl, JJ., absent.

Judgment accordingly.  