
    MOYER, Appellant, v. VILLAGE OF NELLISTON, Respondent.
    (Supreme Court, Appellate Division, Third Department,
    January 9, 1907.)
    Action by Irving Moyer against the `illage of
   Nelliston. PER

CURIAM. Order modified by inserting a a condition for the granting of a new trial he payment by defendant of the trial fee and Lisbursements, and, as so modified, affirmed, ~ithout costs to either

party. PARKER, P. J., not sitting.  