
    SIMMONS v. VILLAGE OF PHELPS.
    (Supreme Court, Appellate Division, Fourth Department.
    June 1, 1910.)
    Action by Dc Witt O. Simmons against the Village of Phelps.
   PER CURIAM.

Plaintiff’s exceptions over" ruled, motion for new trial denied, with costs, and judgment directed for the defendant upon the verdict, with costs.

McLENNAN, P. j.,

dissents, upon the ground, that the question of defendant’s negligence and of plaintiff’s freedom from contributory negligence were questions of fact for the jury.

ROBSON, J., not voting.  