
    Royal Phelps Carroll, Respondent, v. The New York Elevated Railroad Company and The Manhattan Railway Company, Appellants.
    
      Carroll v. New York Elevated R. R. Co., 14 App. Div. 978, affirmed.
    (Argued February 14, 1900;
    decided March 6, 1900.)
    Appeal from a judgment and order of the Appellate Division of the Supreme Court in the first judicial department, entered February 15, 1897, affirming a judgment in favor of plaintiff entered upon the report of a referee
    
      Sherrill Babcock and Julien T. Davies for appellants.
    
      Egerton L. Winthrop, Jr., Flamen B. Candler and John Jay Chopman for respondent.
   Judgment and order affirmed, with costs; no opinion.

Concur: Gray, Haight, Cullen and Webneb, JJ. Dissent: Parker, Ch. J., O’Bbien and Landon, JJ.  