
    Martha A. Hungerford, Appellant, v. The Village of Waverly et al., Respondents.
    
      Hungerford v. Village of Waverly, 131 App. Div. 919, affirmed.
    (Argued November 30, 1910;
    decided December 16, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 16, 1909, affirming a final judgment dismissing the complaint entered upon a prior order of said Appellate Division which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer in an action to recover for personal injuries alleged to have been sustained through defendant’s negligence.
    
      Charles C. Annabel for appellant.
    
      Frank A. Bell for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Gray, Haight, Vann, Hiscock and Collin, JJ. Dissenting from affirmance as to respondent Bingham, on authority of Bennett v. Whitney (94 N. Y. 302): Cullen, Ch. J. Not voting: Willard Bartlett, J.  