
    William B. Mersereau, Respondent, v. Western New York and Pennsylvania Railway Company et al., Appellants.
    
      Mersereau v. Western N. T. & Pa. By. Go., 129 App. Div. 932, affirmed.
    (Argued April 7, 1910;
    decided April 26, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 14, 1909, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover excessive freight charges alleged to have been made in violation of an express agreement ñxing the rate thereof.
    
      Allen J. Hastings for appellants.
    
      Creighton /S'. Andrews for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Werner, Willard Bartlett, His go oii and Chase, JJ.  