
    Fritz Lory, Respondent, v. The Town of Herkimer, Appellant.
    (Argued October 17, 1905;
    decided October 27, 1905.)
    
      Lory v. Town of Herkimer, 97 App. Div. 642, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 19, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
    
      Ch. D. Thomas for appellant.
    
      A. B. Steele and Arleigh D. Richardson for respondent.
   Judgment affirmed, with costs ; no opinion.

' Concur: Cullen, Ch. J., Gray, Bartlett, Haight, Yann and Werner, JJ. Absent: O’Brien, J.  