
    Christopher Betjemann, as Executor and Trustee under the Will of John Bahrenburg, Deceased, Respondent, v. The Brooklyn Union Elevated Railroad Company et al., Appellants.
    
      Betjemann v. Brooklyn Union Elevated B. B. Go., 127 App. Div. 83, affirmed.
    (Argued June 14, 1909;
    decided October 5, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 16, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to restrain the operation of defendants’ elevated railroad in front of plaintiff’s premises and for damages.
    
      Charles L. Woody and George D. Yeomans for appellants.
    
      Cyrus V. Washburn for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Werner, Willard Bartlett arid Hisoook, JJ. Absent: Chase, J.  