
    SWEZEY, Respondent, v. VILLAGE OF BATAVIA, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    October 2, 1907.)
    Action by Hiram Swezey against the village of Batavia.
   PER CURIAM.

Order affirmed, with $10' costs and disbursements.

ICRUSB, J.,

dissents, upon the ground that it is not shown that the defendant refused or willfully neglected to comply with the judgment, and also that the fine is.excessive.  