
    Emerson A. Phelps, Respondent v. The Metropolitan Elevated Railway Company, et al., Appellants.
    Decided January 11, 1892.
    Appeal by defendants from judgment entered upon the report of a referee.
    Davies & Rapallo, attorneys, and J. C. Thomson of counsel, for appellants. Edwin M. Felt, for respondent.
    Before Freedman, P. J., McAdam and Gildersleeve, JJ.
   Opinion by McAdam, J.; Freedman, P. J., and Gildersleeve, J., concurred.

Judgment affirmed, with costs.  