
    Matthew M. Goggin et al., Respondents, v. Manhattan Railway Company et al., Appellants.
    
      Goggin v. Manhattan Bailwcuy Go., 134 App. Div. 644, reversed.
    (Argued June 8, 1909;
    decided October 5,1909.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 23, 1908, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court at Special Term and granting a new trial in an action to restrain the operation and maintenance of an elevated railway in front of certain premises and for damages.
    
      J. Osgood Nichols and Alfred A. Qard/ner for appellants.
    
      Charles H. Strong for respondents.
   Order of Appellate Division reversed and judgment of Special Term affirmed, with costs in both courts, on dissenting opinion of Houghton, J., below.

Concur: Cullen, Ch.' J., Gray, Haigi-it, Vann, Willard Bartlett and Chase, JJ. Dissenting: Edward T. Bartlett, J.  