
    HARDENBROOK, Respondent, v. NEW YORK CITY RY. CO., Appellant.
    (Supreme Court, Appellate Division, -Second Department.
    December 29, 1905.)
    Action by Frank M. Hardenbrook against the New York Citv Railway Company.
   PER CURIAM.

The confused state of this record makes it impossible to understand in what form the learned trial justice intended to settle the case on appeal. It is therefore proper that it should go back to him for a resettlement. The order appealed from is reversed, and the case on appeal remitted for resettlement, without costs.  