Appellate Division of the Supreme Court of the State of New York March 7, 1906 (People ex rel. Rochester Ry. & Light Co. v. Stearns)

PER CURIAM.

Order reversed, with $10 costs and disbursements, on the authority of People ex rel. Rochester Telephone Co. v. Priest, 181 N. Y. 300, 73 N. E. 1100; and motion remitted to the Special Term for the exercise of its discretion.

PARKER, P. X, and SMITH, J., dissent.