
    Merrick Water Company, Appellant, v. The City of Brooklyn, Respondent.
    (Argued June 8, 1899;
    decided October 3, 1899.)
    
      Merrick Water Co. v. City of Brooklyn, 32 App. Div. 454, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered August 8, 1898, reversing a judgment in favor of plaintiff entered upon the report of. a referee, and granting a new-trial.
    
      Franklin B. Lord for appellant.
    
      
      John Whalen, Corporation Counsel ( William J. Carr, of counsel), for respondent.
   Order affirmed and judgment absolute ordered for defendant on the stipulation, with costs; no opinion.

All concur.  