
    L. J. McDowell, Respondent, v. The City of Auburn, Appellant.
    
      McDowell v. City of Auburn, 126 App. Div. 173, affirmed.
    (Submitted December 2, 1909;
    decided December 17, 1907.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 6, 1908, which reversed a judgment of the Cayuga County Court in favor of defendant entered upon a dismissal of the complaint and an order denying a motion for a new trial and granted a new trial in an action to recover for personal injuries alleged to have been sustained through defendant’s negligence.
    
      J. Henry Kerr for appellant.
    
      Frank C. Cushing and Charles A. Wright for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cüllen, Ch. J., Gray, Edward T. Bartlett, Haight, Willard Bartlett, Hisoooic and Chase, JJ.  