
    James A. McCormick, Appellant, v. Syracuse Rapid Transit Railway Company, Respondent.
    
      McCormick v. Syracuse Sapid Transit Sy. Co., 128 App. Div. 911, affirmed.
    (Argued March 17, 1910;
    decided April 5, 1910.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 21, 1908, which reversed a judgment of the Onondaga County Court affirming a judgment of the Municipal Court of the city of Syracuse in favor of plaintiff in an action to recover a penalty for the alleged refusal of defendant to furnish plaintiff with a transfer from one of its lines of railway to another.
    
      
      La Fayette P. Costello for appellant.
    
      Charles F. Spencer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Haight, Vann, Werner, Willard Bartlett, IIiscock and Chase, JJ.  