Ah concurred, except Merreh, J., who dissented upon the grounds: (1) That the work in which the plaintiff was engaged was the performance of a governmental function and not such as to render the defendant liable for the negligence complained of or to bring the defendant within the provisions of the Labor Law;* and (2) that in any event the verdict is against the weight of the evidence.
See Consol. Laws, chap. 31 (Laws of 1909, chap. 36), art. 14, as amd. by Laws of 1910, chap. 352.— [Rep.