
    STACK, Respondent, v. VILLAGE OF PHELPS, Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    July 6, 1909.)
    Action by Cathryne Stack against the V~1lage of Phelps.
   PER CIJRIAM.

Judgment and order affirmed, with costs.

McLFINNAN, P. J.,

dissents, upon the ground that the plaintiff failed to establish actionable ~egIigence on the part of the defendant. ROBSON. J., not voting.  