
    EVANS, Respondent, v. BUFFALO RY. CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    November 17, 1903.)
    Action by John T. Evans against the Buffalo Railway Company.
   PER CURIAM.

Order affirmed, with costs to abide event.

McLENNAN, P. J., and WILLIAMS, J., vote for the modification of the order, so as to. require the plaintiff, as a condition of the granting of the new trial, to pay the costs of the trial, already held.  