
    Nicholas R. Acker, Respondent, v. The New York Central and Hudson River Railroad Company, Appellant.
    (Submitted May 22, 1872;
    decided June 4, 1872.)
    
      A. P. Zaning for the appellant.
    
      George W. Cothrom for the respondent.
   Agree to modify by reducing the recovery to one penalty and excess of fare paid by plaintiff, and as modified affirmed with costs in court below, but without costs to either party in this .court.

Judgment accordingly.  