
    James T. Penfield et al., as Executors of George J. Penfield, Deceased, Respondents, v. The Village of New Rochelle et al., Defendants; The New Rochelle Coal and Lumber Company, Appellant.
    (Submitted October 6,1899;
    decided October 27, 1899.)
    
      Penfield v. Vil. of New Rochelle, 18 App. Div. 83, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered ' May 22, 1897, upon an order affirming a judgment in favor of the plaintiff entered upon a decision of the court on trial at Special Term.
    
      Michael J. Tierney and J. Addison Young for appellant.
    
      Isaac N. Mills for respondents.
   Judgment and order affirmed, with costs, on opinion below. All concur.  