
    CUMMINGS, Respondent, v. CORBIN MOTOR VEHICLE CO., Appellant.
    (Supreme Court, Appellate Division, First Department.
    February 5, 1909.)
    Action by George K. Cummings against the Corbin Motor Vehicle Company. G. H. Mitchell, for appellant. H. L Moses, for respondent.
   PER CURIAM.

Judgment affirmed, with costs, with leave to defendant to withdraw demurrer and to answer on payment of costs. Order filed.

INGRAHAM, J., dissents.  