
    John Lees, Resp’t, v. Nathan Rittermann, App’lt.
    
      (New York Common Pleas, General Term,
    
    
      Filed August 1, 1894.)
    
    Boabd of health—Pboof of obdeb.
    The mere service of notice is no legal proof of the action of the board.
    Appeal from a judgment of the district court in the city of New York for the second judicial district.
    
      C. Cohn, for app’lt; John Callagan, for resp’t.
   Per Curiam.

If it is sought to make a party liable by reason of an order of the board of health, there must be legal evidence of the making of such order by that board. The mere service of notice is no legal proof of the action of the board. No other-proof than the service of notice was offered in this action, which is not sufficient in this case to make the appellant liable to do the work required by the board. For this reason the judgment must be reversed and a new trial ordered with costs to the appellant to abide the evept.  