
    The City of New York, Respondent, v. New York City Railway Company, Appellant.
    
      City of New York v. New York City Railway Co., 126 App. Div. 42, affirmed.
    (Argued December 1, 1908;
    decided December 15, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 11, 1908, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover license fees alleged to be due the plaintiff from the defendant for operating cars in Eighth avenue in the city of New York.
    
      Joseph P. Cotton, Jr., Robert H. Neilson and Henry A. Robinson for appellant.
    
      Francis K. Pendleton, Corporation-Counsel (Theodore Connoly, Terence Farley and Frank B. Pierce of counsel), for respondent.
   Judgment affirmed, with costs, on opinion below.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ.  