
    MERGER, Appellant, v. BATAVIA HOME TELEPHONE CO., Respondent, et al.
    (Supreme Court, Appellate Division, Fourth Department.
    October 7, 1908.)
    Action by John Mercer against the Batavia Home Telephone Company, impleaded with others.
   PER CURIAM.

Judgment affirmed, with

KRUSE and ROBSON, JJ., dissent.  