
    Henry M. Livingston, Pl’ff, v. The New York Elevated R. R. Co. et al., Deft’s.
    
      (Court of Appeals,
    
      Filed March 1, 1892.)
    
    Appeal from order of the supreme court, general term, first department, affirming order granting motion for a jury trial.
    
      Charles Gibson Bennett, for pl’ff; Jiilien T. Davies, for def’ts.
   Gray, J.

For the reasons stated in the opinion in the case of ¿Shepard against these defendants, the orders appealed from .should be wholly reversed and the application under § 970 be denied, with costs to the plaintiff in the action.

Andrews, Finch and Maynard, JJ., concur; Earl, Ch. J., Peckham and O'Brien, JJ., dissent  