
    TOMS, Respondent, v. TOWN OF NEWFANE, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    January 22, 1913.)
    Action by Imo W. Toms against the Town of Newfane.
   PER CURIAM.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that the evidence fails to establish actionable negligence against the defendant.

KRUSE, J., dissents.  