
    CONGDON, Respondent, v. WESTCOTT EXP. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    October 8, 1901.)
    Action by Merritt J. Congdon against the Westcott Express Company.
   PER CURIAM.

Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs to abide event, upon the authority of Osterhout v. Rabe, 39 App. Div. 413, 57 N. Y. Supp. 336. Plaintiff to have the right to exercise the option specified in the order appealed from. Form of order to be settled by and before Mr. Justice SPRING, upon two days’ notice. All concur, except McLBNNAN and HISCOCK, JJ., who dissent.  