
    JAMES H. McGEAN, as Executor, etc., Respondent v. THE METROPOLITAN ELEVATED RAILWAY COMPANY, et al., Appellants.
    
      Repugnant findings, action of general term in reference to—Where on the argument of an appeal from a judgment entered on findings by a judge on a trial at an equity term before the court without a jury, it appears the findings are so manifestly repugnant to each other as to evidence an oversight on the part of the trial judge to which his attention should be called before a decision of the appeal, the matter will be remanded to the trial judge for such action as he deems proper, and the decision of the appeal will be reserved until the action of the trial judge is officially made known to the general term.
    
    Before Sedgwick, Ch. J., and McAdam, J.
    
      Decided May 4, 1891.
    Appeal from judgment as entered, as stated in the head-note.
    
      Davies & Rapallo, for appellants.
    
      Roger Foster, for respondent.
   The Court (per Curiam) held as stated in the headnote, citing Bohlen v. Metropolitan Elevated Ry. Co., 121 N. Y. 546.  