Opinion
Argued December 12, 1905
Decided January 9, 1906
R. Percy Chittenden for appellant.
George W. Wingate and Joseph F. Keany for respondent.
Judgment affirmed, with costs, on the ground that under the statute the plaintiff's claim is against the fund provided by the municipality and not against the defendant.
Concur: CULLEN, Ch. J., GRAY, O'BRIEN, BARTLETT, HAIGHT, VANN and WERNER, JJ.