
    CHARLES C. TABER, et al., Respondents v. THE NEW YORK ELEVATED RAILROAD COMPANY Appellant.
    
      In this action brought to recover damages for alleged wrongful acts of defendant it was set up as a defence that plantiffs stood by and saw the acts being done and never objected, remonstrated or interfered to prevent it.—Held tliat the admission of evidence that plaintiffs protested against defendants acts in entering into the vaults of their building and putting posts there was not error.—Stipulation limiting the number of real estate expert witnesses to three on each side, is not violated by calling in addition to three such experts an owner of real estate who does not claim to be an expert, but simply testifies to facts within his knowledge.
    
    Before Freedman and Trdax, JJ.
    
      Decided November 3, 1890.
    Appeal from a judgment entered on the verdict of a jury, and from an order denying a motion for a new trial.
    
      Davies & Rapallo, for appellant.
    
      John E. Parsons, for respondents.
   The Court, in affirming the judgment and order (Truax, J., writing, Freedman, J., concurring), held, among other things, as stated in the head note.  