
    Michael E. Higgins, Appellant, v. City of Albany, Respondent.
    
      Higgins v. City of Albany, 130 App. Div. 276, reversed.
    (Argued March 1, 1910;
    decided March 22, 1910.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 21, 1909, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial in an action to recover for personal injuries alleged to have been sustained through the defendant’s negligence.
    
      John A. Delehanty for appellant.
    
      Arthur L. Andrews, Corporation Counsel (Anchrew J. Nellis of counsel), for respondent.
   Order of Appellate Division reversed and judgment entered on the report of the referee affirmed, with costs in both courts, on the authority of Missano v. Mayor, etc., of N. Y. (160 N. Y. 123) and Sheehy v. City of New York (160 N. Y. 139); no opinion.

Concur : Cullen, Ch. J., Gray, Edward T. Bartlett and Willard Bartlett, JJ. Dissenting : Werner and Hiscook, JJ. Absent: Chase, J.  