
    MILLER, Appellant, v. CITY OF BUFFALO et al., Respondents.
    (Supreme Court, Appellate Division, Fourth Department.
    May 27, 1908.)
    Action by Mary Miller against the city of Buffalo and another.
   PER CURIAM.

Judgment and order of Special Term, and judgment of Municipal Court of the city of Buffalo, reversed, and a new trial ordered in said Municipal Court, with costs in all courts to appellant to abide event. New trial to be had on Tuesday, June 9, 1908, at 10 o’clock in the forenoon. Held, that the determination by the Municipal Court was a nonsuit, and not a decision upon the merits, and as such was unauthorized.  