
    KARKER, Respondent, v. AKER, Appellant.
    (Supreme Court, Appellate Division, Third Department.
    June 28, 1900.)
    Action by Frank A. ICarker, as administrator of Ida B. Benton, against Barner Aker.
   PER CURIAM.

Judgment and orders affirmed, with costs. All concur, except SMITH, J., dissenting from affirmance of order denying motion to set aside the verdict by reason of the presence of the constable, a relative of the plaintiff, in the jury room.  