
    Oliver J. Wells, Appellant, v. The Brooklyn Union Elevated Railroad Company et al., Respondents.
    
      Wells v. Brooklyn Union BlemtedR. R. Go., 121 App. Div. 491, affirmed.
    (Argued October 21, 1908;
    decided November 10, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 9, 1907, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to enjoin the operation of defendants’ railroad and for damages.
    
      Cyrus V. Washburn and Andrew F. Van Thun, Jr., for appellant.
    
      Charles L. Woody and George JJ. Yeomans for respondents.
   J udgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Vann, Werner, Willard Bartlett, Hiscook and Chase, JJ.  