
    PARKS, Respondent, v. ALLEN, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    November 14, 1906.)
    Action by Charles Parks against William Allen.
   PER CURIAM.

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

KRUSE, J., dissents.  