
    SMITH, Respondent, v. AMERICAN LOCOMOTIVE CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    January, 19, 1904.)
    Action by Frank W. Smith against the American Locomotive Company.
   PER CURIABÍ.

Order reversed, with §10 costs and disbursements, and motion granted requiring the plaintiff to serve a bill of particulars and items showing the respects and particulars in which the steam hammer in question was or had become defective, and in which the same was improperly constructed or out of repair, with §10 costs to abide the event of the action.

WILLIAMS, J., dissents.  