
    STANFIELD, Appellant, v. TOWN OF HAMBURG, Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    October 20, 1909.)
    Action by Esther 5. Stanfield, as administratrix, etc., against the Town of Hamburg.
   PER OURIAM.

Order affirmed, with costs.

McLENNAN, P. J.,

concurs upon the ground that it would not be proper to reinstate the verdict, but is of the opinion that the question of defendant's negligence and the qnestiOu of the intestate's freedom from contributory negligence are questions of fact for the jury. SPRING, J., concurs on the ground that the plaintiff failed to establish the negligence of the defendant or the intestate's freedom from contributory negligence.  