
    Julius H. Kevand, Appellant, v. New York Telephone Company, Respondent.
    
      Kevand v. N. Y. Telephone Co., 159 App. Div. 628, affirmed.
    (Argued December 6, 1917;
    decided December 21, 1917.)
    Appeal from a judgment, entered December 15, 1913, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The action was brought to recover certain penalties alleged to have been incurred by the defendant under section 103 of the Transportation Corporations Law in failing to comply with said section, in that the defendant refused to receive messages from the plaintiff, after his compliance with its established rules and regulations, and by neglecting to transmit the said plaintiff’s messages with impartiality and in good faith in the order in which they were received.
    
      Thomas Hogan for appellant.
    
      William Nottingham for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Hogan, Pound, McLaughlin and Crane, JJ.  