
    Herman B. Ogden, Resp’t, v. The Kings County Elevated Railway Company, App’lt.
    Appeal from judgment in favor of plaintiff, entered on decision of the court.
    
      William A. Poste and Welton C. Percy, for app’lt; Theodore B. Gates, for resp’t.
   Pratt, J.

We think this case was properly tried by the court, without a jury; that it was fairly tried and most sensibly disposed of by the learned trial judge. We, therefore, affirm the judgment, with costs.

Barnand, P. J., and Dykman, J., concur.  