
    Charles W. Eckerson, Appellant, v. The City of New York, Respondent.
    
      Eckerson v. Gity of New York, 80 App. Div. 12, affirmed.
    (Argued November 11, 1903;
    decided December 1, 1903.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 11, 1903, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and granting a new trial.
    
      George F. Langbein and William J, Walsh for appellant,
    
      George L. Lives, Corporation Counsel (Theodore Connoly and Edward J. McGuvre of counsel), for respondent.
   Order affirmed and judgment absolute ordered for defendant on the stipulation, with costs, on opinion below.

Concur: Parker, Ch. J., O’Brien, Bartlett, Haight, Yarn, Culler and Werrer, JJ.  