
    Erie Railroad Company, Respondent, v. City of Rochester, Appellant.
    Argued January 8, 1940;
    decided January 23, 1940.
    
      
      William H. Emerson, Corporation Counsel (Clarence M. Platt of counsel), for appellant.
    
      George D. Newton for respondent.
   Order affirmed, with costs. First question certified answered in the affirmative. Second question certified answered in the negative. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey and Conway, JJ. Taking no part: Sears and Lewis, JJ.  