
    BARNES, Appellant, v. NEW YORK CITY RY. CO., Respondent.
    (Supreme Court, Appellate Term.
    November 14, 1906.)
    Appeal from Municipal Court, Borough of Manhattan, Tenth District. Action by W. Anson Barnes against the New York City Railway Company. From a judgment in favor of defendant, plaintiff appeals. Affirmed. E. V. R. Ketchum, for appellant. Henry J. Smith, for respondent.
   PER CURIAM.

The uncertainty of the plaintiff’s testimony as to the date when he claims to have been refused a transfer, owing to the great number of suits instituted by him at or about the same time this action was begun by the plaintiff to recover for penalties, leads us to the conclusion that the trial judge was justified in finding for the' defendant. Judgment affirmed, with costs.

GILDERSLEEVE and DOWLING, JJ., concur. DUGRO, J., taking no part.  