
    The President, Managers and Company of the Delaware and Hudson Canal Company, Appellant, v. The City of Buffalo, Respondent.
    (Argued May 8, 1901;
    decided May 24, 1901.)
    D. & H. Canal Co. v. City of Buffalo, 39 App. Div. 333, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 4, 1899, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at an Equity Term. '
    
      George L. Lewis for appellant.
    
      William H. Cuddeback for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Parker, Ch. J., GrAí, Bartlett, Haight, Martin, Yann and Werner, JJ.  