
    Charles T. Barney, as Administrator, etc., Appellant, v. The Mayor, Aldermen and Commonalty of the City of New York, Respondent.
    
    (Argued April 9, 1895;
    decided April 23, 1895.)
    Appeal from order of the General Term of the Sujireme Court in the first judicial department, made May 18, 1894, which sustained defendant’s exceptions and granted a motion for a new trial.
    
      James A. Jeering for appellant.
    
      David J. Dean for respondent.
    
      
       Reported below, 78 Hun, 336.
    
   Agree to affirm on opinion below.

All concur.

Order affirmed.  