
    James H. Bailey, Respondent, v. The Inter-state Casualty Company of New York, Appellant.
    (Argued March 6, 1899;
    decided March 24, 1899.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 11,1896, reversing a judgment in favor of defendant entered upon a dismissal of the complaint upon the merits on trial at Circuit, and granting a new trial.
    
      Bailey v. Inter-state Casualty Co., 8 App. Div. 127, affirmed.
    
      Henry Thompson and Yanderpoél, Cuming d? Goodwin for appellant.
    
      FranTdin A. Rowe for respondent.
   Order affirmed and judgment absolute ordered for plaintiff on the stipulation, with costs; no opinion.

All concur, except Parker, Ch. J., and Gray, J., dissenting.  