
    CAROLAN, Respondent, v. O’DONNELL et al., Appellants.
    (Supreme Court, Appellate Division, First Department.
    November 6, 1908.)
    Action by Patrick Carolan, individually, etc., against Anthony O’Donnell and others.
    J. W. Osborne, for appellants.
    M. J. O’Brien, for respondent.
   PER CURIAM.

Judgment and order affirmed, with costs. Order filed.

McLAUGHLIN, and HOUGHTON, JJ., dissent on the ground that the evidence made a mere question of fact for the jury.  