
    Frederick Clarke Withers et al., Appellants, v. The City of New York, Respondent.
    (Argued June 7, 1905;
    decided June 9, 1905.)
    
      Withers v. City of New York, 92 App. Div. 147, appeal dismissed.
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 19, 1904, reversing a judgment in favor of plaintiffs entered upon a verdict and granting a new trial.
    
      Albert Stickney and Ernest F Eidlitz for appellants.
    
    
      John J. Delany, Corporation Counsel (Theodore Connoly and Terence Farley of counsel), for respondent.
   Appeal dismissed, with costs; no opinion.

Concur: Cullen," Ch. J., Gray, O’Brien, Haight and Werner, JJ. Dissenting. Bartlett and Vann, JJ.  