Opinion
Argued June 7, 1905
Decided October 3, 1905
George McCann for appellant.
Judson A. Gibson for respondent.
Judgment affirmed, with costs, on opinion in Dennis v. Village of Elmira Heights ( 59 App. Div. 404).
Concur: GRAY, BARTLETT, HAIGHT and VANN, JJ. Dissenting: CULLEN, Ch. J., O'BRIEN and WERNER, JJ.