
    The Town of Windsor, Respondent, v. The President, Managers and Company of the Delaware and Hudson Canal Company, Appellant.
    
      Town of Windsor v. D. & II. O. Oo., 93 Hun, 137, affirmed.
    (Argued February 2, 1898;
    decided March 1, 1898.)
    Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered January 14, 1896, affirming a judgment in favor of plaintiff entered upon the report of a referee.
    
      Levjis E. Carr for appellant.
    
      H. S. Williams for respondent.
   Judgment affirmed, with costs, on opinion below.

All concur, except Martin, J., not sitting.  