
    Thomas Rothmann, Appellant, v. Interborough Rapid Transit Company et al., Respondents.
    (Argued June 14, 1915;
    decided July 13, 1915.)
    
      Rothmann v. Interborough Rapid, Transit Go., 155 App. Div. 192 affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 27, 1913, upon an order reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint in an abutting owner’s action to restrain the operation of an elevated railroad in front of his premises and for damages. The question upon appeal was whether from the undisputed facts, defendants have acquired the right by prescription to maintain and operate the railroad.
    
      Arthur Furber and I. F. Bermant for appellant.
    
      J. Osgood Nichols, Alfred Ely and James L. Quackenbush for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Werner, Collin, CUDDEBAOK, MlLLER, ÜARDOZO and SEABURY, JJ.  