
    HAMILTON, Plaintiff and Respondent, v. THE THIRD AVENUE RAILROAD COMPANY, Defendant and Appellant.
    Before Speir and Sanford, JJ.
    
      Decided, March 20, 1876.
    MOTION FOR LEAVE TO APPEAL TO THE COURT OF APPEALS.
    1. When not granted.
    
      (a) Not unless it plainly appears that some undecided point in the case exists, of importance in determining the respective rights of the parties or the duties they owe to the public.
    1. There were no questions of law involved in the case at bar which were not settled by the court of appeals, when the case was before them on the former appeal.
    This was a motion by defendant for leave to appeal to the court of appeals.
    
      George, the Count Johannes, for plaintiff.
    
      James P. Lowrey, attorney, and Clarkson L. Potter, of counsel, for defendant.
   Speir, J.,

wrote for denying the motion, laying down the above proposition.

Sanford, J., concurred.

Motion denied.

Note.—For principal case, see 40 N. Y. Supr. Ct. Rep. 376.  