
    HOFFMAN, Respondent, v. LAKE SHORE & M. S. RY. Co., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    January 20, 1909.)
    Action by Edward L. Hoffiljnan against the Lake Shore & Michigan Southern Railway Company.
   PER CURIAM.

Judgment of Special Term and of Buffalo Municipal Court reversed, and dew trial ordered in said Municipal Court, with costs in all courts to abide event. New Trial to be had on Tuesday, February 2d, at 10 o’clock in the forenoon. Held, that there is no evidence to support the finding that the plaintiff sustained damages to the amount of $25.

ROBSON, J., dissents. KRUSE, J., not sitting.  