I concur in the foregoing. I think the doctrine laid down by the court in Maxim v. Town of Champion, 4 N. Y. Supp. 515, applies. That case was affirmed. 119 N. Y. 626, 23 N. E. Rep. 1144. According to the verdict, the defendant neglected a duty resting on it, and by reason thereof the injury was sustained, and the verdict should be sustained.