
    HARTZELL, Respondent, v. NEW YORK EVENING JOURNAL PUB. CO., Appellant.
    (Supreme Court, Appellate Division, First Department.
    October 23, 1908.)
    Action by Mary Hartzell against the New York Evening Journal Publishing Company.
   PER CURIAM.

Judgment affirmed, with costs, with leave to defendant to "withdraw demurrer and to answer on payment of costs. Order filed.

SCOTT, Jj., dissents.  