
    David T. Bayles et al., as Commissioners of Highways of the Town of Brookhaven, Appellants, v. Scudder Jayne, Respondent.
    (Argued December 12, 1890;
    decided December 19, 1890.)
    Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 11, 1889, which affirmed a judgment in favor of defendant entered upon a. verdict, and affirmed an order denying a motion for a new trial.
    
      Thomas J. Bitch, Jr., for appellants.
    
      Wil/mot M. Smith for respondent.
   Agree to dismiss appeal; no opinion.

All concur.

Appeal dismissed.  