
    KERNOCHAN, Plaintiff, v. MANHATTAN RY. CO., Defendant.
    (Supreme Court, Appellate Division, First Department.
    May 14, 1897.)
    Action by J. Frederick Kernochan, as trustee under the last will and testament of Almy T. Hicks, deceased, against the Manhattan Railway Company.
    Julien T. Davies, for appellant.
    John M. Bowers, for respondent.
   INGRAHAM, J.

This case was tried with the case of Winthrop v. Railway Co. (decided herewith) 45 N. Y. Supp. 515, and presents precisely the same questions. For the reasons stated in the case of Winthrop v. Railway Co., the judgment appealed from in this case is affirmed, with costs.  