
    MILLER, Respondent, v. CITY OF BUFFALO et al., Appellants.
    (Supreme Court, Appellate Division, Fourth Department.
    September 30, 1908.)
    Action by Mary Miller against the city of Buffalo and another.
   PER CURIAM.

Order reversed, with $10 costs and disbursements, and motion to dismiss appeal denied. Held, that the defendants did not waive their right to demand a new trial upon appeal to the Supreme Court by their motion for a new trial made in the Municipal Court and there denied.

ROBSON, J., dissents.  