
    CURTIS, Respondent, v. POMEROY et al., Appellants.
    (Supreme Court, Appellate Division, Third Department.
    May 5, 1909.)
    Action by Adelbert B. Curtis against Whiting G. Pomeroy and others.
   PER CURIAM.

Judgment affirmed, with one bill of costs against the defendant town.

KELLOGG, J., dissents. SEWELL, J., not sitting.  