
    Francis Conlon, Respondent, v. The City of New York, Appellant.
    (Argued April 25, 1907;
    decided May 10, 1907.)
    
      Conlon v. City of New York, 112 App. Div. 912, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the tirst judicial department, entered April 12, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover damages alleged to have been caused to plaintiff’s property through defendant’s negligence in failing to provide a proper outlet for a sewer.
    
      William B. Ellison, Corporation^ Covmsel (Theodore Connoly and Royal E. T. Riggs of counsel), for appellant.
    
      Charles Maitland Beattie and Joseph P. Hennessy for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Werner, Willard Bartlett and Hiscook, JJ. Not voting: Haight, J.  