
    HORNING, Appellant, v. HUDSON RIVER TELEPHONE CO. et al., Respondents.
    (Supreme Court, Appellate Division, Third Department.
    December 2, 1904.)
    Action by N.athan W. Horning against the Hudson River Telephone Company and the Fulton County Gas & Electric Company.
   PER CURIAM.

Order, so far as appealed from by plaintiff, affirmed, with costs, on the ground that under the evidence in this case the court will not interfere with the exercise of the discretion of the trial justice.

HOUGHTON, J., not sitting.  