
    THE NEW BOSTON COAL MINING COMPANY, Plaintiff and Respondent, v. DANIEL PACKER, et al., Defendant and Appellant.
    
      Decided March 4, 1878.
    Before Curtis, Ch. J., Sedgwick and Freedman, JJ.
    Appeal from judgment entered upon the report of a referee.
    This case involves only questions of fact.
    
      Weeks & Forster, attorneys, and George H. Forster, of counsel, for respondents.
    
      Butler, Stillman & Hubbard, attorneys, and Thomas H. Hubbard, of counsel, for appellants.
   Sedgwick, J.,

wrote for affirmance with costs.

Curtis, Ch. J., and Freedman, J., concurred.  