Majority
p. 789Second Department, February, 1927. Louise M. Bennett, as Administratrix, etc., of Jacob Bennett, Deceased, Respondent, v. The Town of Kent, Defendant. The City of New York, Appellant.
Judgment and order unanimously affirmed, with costs. The error pointed out by the Court of Appeals on the former trial was not, in our opinion, committed at the present trial. Present — Kelly, P. J., Jayeox, Manning, Young and Kapper, JJ.