
    BURNS, Appellant, v. STAUNTON et al., Respondents.
    (Supreme Court, Appellate Division, Fourth Department.
    October 7, 1908.)
    Action by George G. Burns against William Staunton and another. ,
   PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to apoellant to abide event. Held, that nonsuit was improper, and that the case should have been submitted to the jury.

McLennan, P. j., dissents.  