
    J. Herbert Grant, Respondent, v. The City of Rochester, Appellant.
    
      Grant v. City of Rochester, 79 App. Div. 460, affirmed.
    (Argued May 5, 1903;
    decided May 19, 1903.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 30, 1903, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term,
    
      
      William A'. Sutherland for appellant.
    
      Porter M. French for respondent:
   ' Judgment affirmed, with costs, on opinion helow.

Concur: Parker, Ch. J., Gray, O’Brien, Bartlett, Martin and Vann JJ. Absent: Haight, J.  