
    Excelsior Steam Power Company et al., Appellants, v. The Cosmopolitan Publishing Company, Respondent.
    
      Excelsior Co. v. Cosmopolitan Co., 80 Hun, 592, reversed.
    (Argued December 14, 1897;
    decided December 17, 1897.)
    Appeal from an order of the General Term of the Supreme-Court in the first judicial department, entered October 26, 1894, which reversed a judgment in favor of plaintiffs entered, upon the report of a referee and granted a new trial.
    
      Alfred O. Reeves for appellants.
    
      William L. Findley for respondent.
   Order of General Term reversed and judgment entered on report of referee affirmed, with costs, upon opinion of Follett, J., below.

Concur: Andrews, Ch. J., O’Brien, Bartlett and Martin, JJ.

Dissent: Gray, Haight and Vann, JJ.  