
    Ruth H. Madara, as Administratrix of the Estate of Charles B. Madara, Deceased, Respondent, v. Town of Lima, Appellant.
    Argued October 1, 1940;
    decided November 13, 1940.
    
      Elliott A. Horton for appellant.
    
      Austin W. Erwin and Edwards P. Ward for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Rippey, Sears and Conway, JJ. Dissenting: Lehman, Ch. J., Finch and Lewis, JJ.  