
    J. S. Rogers, Respondent, v. The City of New York, Appellant.
    
      Rogers v. City of New York, 71 App. Div. 618, affirmed.
    (Argued January 20, 1903;
    decided February 10, 1903.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first' judicial department, entered May 8, 1902, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court.
    
      George L. Rives, Corporation Counsel (Theodore Connoly and Terence Farley of counsel), for appellant.
    
      L. Laflin Kellogg and Alfred C. Petté for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Parker, Ch. J., Bartlett, Haight, Martin and Werner, JJ. Absent: Vann, J. Dissenting: Cullen, J.  