Opinion
February, 1910.
Present — Ingraham, P.J., McLaughlin, Laughlin, Miller and Dowling, JJ.
The only cause of action which the plaintiff had against the individual defendant was one not alleged in the complaint, and there was no evidence of negligence against the city. The judgment, therefore, should be affirmed, with costs to each of the respondents.
Judgment affirmed, with costs.