
    Joseph C. Hoffart, Appellant, v. The Town of West Turin, Respondent.
    
      Hoffart v. Town of West Turin, 90 App. Div. 348, affirmed.
    (Argued December 2, 1904;
    decided December 16, 1904.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 14, 1904, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial.
    
      M. H. Powers and W. J. Powers for appellant.
    
      C. S. Mereness and Harry W. Cox for respondent.
   Order affirmed and judgment absolute ordered for defendant on the stipulation, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Babtlett, Mastín and Vann, JJ. Not voting: Haight, J.  