
    William R. Montgomery, Respondent, v. The Brush Electric Illuminating Company of New York, Appellant.
    
      Montgomery v. Brush Electric III. Co., 48 App. Div. 18, affirmed.
    (Argued October 16, 1901;
    decided November 1, 1901.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 21, 1900, affirming a judgment in favor of plaintiff entered upon the report of a referee.
    
      Noel Gale for appellant.
    
      William G. Wilson and Philyp 8. Dean for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Gray, Bartlett, Martin, Yann, Cullen and Wern.er, JJ. Absent: Parker, Ch. J.  