Majority
p. 818Malcolm Christian, Appellant, v. Village of Herkimer, Respondent. Argued October 8, 1958; decided November 13, 1958.
p. 819
Phillip T. Young and Andrew J. Moore for appellant.
Philip D. O’Donnell for respondent.
Judgment affirmed, without costs; no opinion.
Concur: Chief Judge Conway and Judges Desmond, Dye, Froessel, Van Voorhis and Burke ; Judge Fuld dissents and votes to reverse for the reasons stated by Presiding Justice McCurn in his dissenting opinion in the Appellate Division.