Opinion
Argued December 15, 1908
Decided January 12, 1909
Robert A. Kutschbock and Charles C. Paulding for appellant.
George Vivian Smith for respondent.
Judgment affirmed, with costs, the court being of opinion that the act (Chapter 657 of the Laws of 1906) on which the defendant's liability is based is constitutional, the classification that is made in that act being a reasonable one; no opinion.
Concur: CULLEN, Ch. J., EDWARD T. BARTLETT, HAIGHT, VANN, WERNER and CHASE, JJ. Dissenting: HISCOCK, J.