
    John Snee, Respondent, v. The Brooklyn Heights Railroad Company, Appellant.
    
      Snee v. Brooklyn Heights R. R. Co., 120 App. Div. 570, affirmed.
    (Argued November 13, 1908;
    decided December 1, 1908.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 13, 1907, which reversed a judgment of the Kings County Court in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granted a new trial in an action to recover the statutory penalty for a refusal by the defendant to give a transfer.
    
      Charles A. Collin, William H. Parke and George D. Yeomans for appellant.
    
      Alfred J. Gilchrist and Jacob New for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Willard Bartlett, Hiscock and Chase, JJ.  