
    MURPHY, Respondent, v. AMERICAN TRANSFER CO., Appellant.
    (Supreme Court, Appellate Term.
    April 21, 1899.)
    Action by Patrick Murphy against the American Transfer Company. Judgment for plaintiff, and defendant appeals. Affirmed. Charles A. Hess, for appellant. Holm & Smith, for respondent.
   FREEDMAN, P. J.

The questions of fact raised by the pleadings, and not expressly admitted by the parties upon the trial, have been decided by the court below in favor of the plaintiff. I see no good reason for disturbing this result. Judgment affirmed, with costs to respondent. LEVBNTRITT, J., concurs. Mac-LEAN, J., taking no part.  