
    Martin Wagner, Appellant, v. The Buffalo and Rochester Transit Company, Respondent.
    
      Wagner v. Buffalo & Rochester Transit Co., 59 App. Div. 419, affirmed.
    (Argued October 27, 1902,
    decided November 11, 1902.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 28, 1901, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial.
    
      Hemcm W. Morris for appellant.
    
      John D. Burns for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Gray, O’Bbien, Martin, Vann, Cullen and Werner, JJ. Absent: Parker, Ch. J.  