
    The City of Rochester, Respondent, v. George A. Kapell, Appellant, Impleaded with Others.
    
      City of Rochester v. Kapell, 86 App, Div. 334, affirmed.
    (Argued December 3, 1903;
    decided December 18, 1903.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 16, 1903; affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
    
      
      J. P. Varnum for appellant.
    
      William A. Sutherland for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur : Gray, O’Brien, Martin and Werner, JJ. Not voting: Parker, Ch. J., Bartlett and Cullen, JJ.  