
    Henry W. Stikeman et al., Respondents, v. Edward J. Flack, as Treasurer of “ Company D ” of the Seventy-first Regiment, National Guard of New York, Appellant.
    
      Stikeman v. Flack, 58 App. Div. 277, reversed.
    (Argued December 2, 1902;
    decided June 16, 1903.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 29, 1901, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
    
      George B. Class for appellant.
    
      Louis H. Porter for respondents.
   Judgment reversed, new trial granted, costs to abide event, on the dissenting opinion below.

Concur: O’Brien, Martin, Yann and Cullen, JJ. Dissenting : Parker, Ch. J., Gray and Werner, JJ.  