Opinion
April, 1918.
Order granting plaintiff's motion for judgment on the pleadings modified by relegating plaintiff to an assessment of damages, if any, by sheriff's jury, and as so modified affirmed, without costs, with leave, however, to the defendant, in case he is so advised, to serve an answer within ten days upon payment of costs of this appeal and ten dollars costs of the motion. Order denying defendant's motion for judgment on the pleadings affirmed, with ten dollars costs and disbursements. Thomas, Mills and Rich, JJ., concurred; Putnam, J., voted to reverse both orders on the ground that the complaint does not state facts sufficient to constitute a cause of action, with whom Jenks, P.J., concurred.