
    CITY OF BUFFALO, Appellant, v. BUFFALO GAS CO., Respondent.
    (Supreme Court, Appellate Division, Fourth Department.
    November 25, 1908.)
    Action by the city of Buffalo against the Buffalo Gas Company.
   PER CURIAM.

Order (112 N. Y. Supp. 468) modified, so as to provide that the amount to be paid by the plaintiff shall be 70 cents per 1,000 feet, instead of 75 cents, and, as so modified, affirmed, without costs of this appeal to either party.

SPRING and KRUSE, JJ., dissent, and vote for affirmance.  