Majority
p. 1110In the matter of the application of Charles EDKINS for a writ of mandamus, Applt., v. W. W. WOTHERSPOON, as superintendent of public works of the State of New York, respt. (Supreme Court, Appellate Division, Third Department. June 30, 1916.)
Order amended, s as to read as follows: “Ordered that the orde so appealed from be and the same hereby i unanimously affirmed, with $10 costs and die bursements. This order is affirmed as a matte of law and not in the exercise of discretion. See, also, 158 N. Y. Supp. 710 .