
    The City of New York, Respondent, v. Metropolitan Street Railway Company, Appellant.
    (Argued June 7, 1905;
    decided October 3, 1905.)
    
      City of New York v. Metropolitan Street Railway Co., 90 App. Div. 66, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 10, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
    
      Bayard H. Ames, F. Angelo Gaynor and Henry A. Robinson for appellant.
    
      John J. Delany, Corporation Counsel (Theodore Connoly and Terence Farley of counsel), for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Oh. J., O’Brien, Bartlett, Haight, Yann and Werner, JJ. Not sitting : Gray, J.  