
    Manhattan Railway Company, Respondent, v. Francis Merges, Appellant.
    (Submitted April 22, 1901;
    decided May 7, 1901.)
    
      Manhattan Ry. Co. v. Merges, 38 App. Div. 120, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 22, 1899, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury.
    
      George E. Mott for appellant.
    
      Julien T. Davies and Herbert Barry for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Parker, Oh. J., O’Brien, .Bartlett, Martin, Vann, Landon and Cullen, JJ.  