
    John Kinsey, Appellant, v. City of New York, Respondent.
    
      Kinsey v. Uity of New Torio, 75 App. Div. 262, reversed.
    (Argued January 13, 1904;
    decided January 29, 1904.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 14, 1902, affirming a judgment in favor of plaintiff entered upon a verdict.
    
      George Wallaee for appellant.
    
      George L. Rives, Corporation Counsel (James ,D. Bell and James McKern of counsel), for respondent.
   Judgment reversed and new trial granted, costs to abide event, on authority of Reisert v. City of New Fork (174 N. Y. 196).

Concur: Parker, Ch. J., Gray, Bartlett, Haight, Martin and Cullen, JJ. Not voting: O’Brien, J.  