
    Malcolm Christian, Appellant, v. Village of Herkimer, Respondent.
    Argued October 8, 1958;
    decided November 13, 1958.
    
      
      Phillip T. Young and Andrew J. Moore for appellant.
    
      Philip D. O’Donnell for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Froessel, Van Voorhis and Burke ; Judge Fuld dissents and votes to reverse for the reasons stated by Presiding Justice McCurn in his dissenting opinion in the Appellate Division.  