
    George Covert, Respondent, v. The Town of Walton, Appellant.
    
      Covert v. Town of Walton, 116 App. Div. 909, affirmed. •
    (Argued January 30, 1908;
    decided February 18, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 22,1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for personal injuries alleged to have been occasioned by defendant’s negligence in failing to repair a highway.
    
      Alexander Neish for appellant.
    
      A. G. Patterson for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur : Cullen, Ch. J., Gbay, Haight, Vann, Willabd Babtlbtt, Hiscock and Chase, JJ.  