
    CLARK, Respondent, v. SMITH et al., Appellants.
    (Supreme Court, Appellate Division, Fourth Department.
    October 18, 1905.)
    Action by John F. Clark against Edward P. Smith and others.
   PER CURIAM.

Judgment modified, so as to award plaintiff nominal damages only, to wit, $5 and costs and disbursements down to and including the first trial, to be taxed, and, as so modified, the judgment is affirmed, without costs of this appeal to either party.  