Plaintiff’s exceptions overruled, motion for new trial denied, with costs, and judgment directed for the defendant upon the nonsuit, with costs. All concur, except Davis, J., who dissents, upon the authority of Hayman v. City of New York (163 App. Div. 195); Merwin v. City of Utica (172 id. 51), and Wensley v. City of New York (173 id. 248).