
    MICHAEL BERGMAN, Respondent v. THE MANHATTAN RAILWAY COMPANY, et al., Appellants.
    
      'Jury trial. In an action brought for'both legal and equitable relief in respect of the same cause of action, the case presented is not one of right triable by jury under the Constitution.
    
    Before Sedgwick, Ch. J., and McAdam, J.
    
      Decided May 4, 1891.
    Appeal from a judgment entered at the equity term upon the decision of a judge on a trial by the court without a jury.
    
      Davies & Rapallo, attorneys, and Julien T. Davies and Frank D. Allen of counsel, for appellants.
    
      Peckham, & Tyler, attorneys, and Charles A. B. Pratt, Jr., of counsel, for respondent.
   The Court (McAdam, J., writing, Sedgwick, Ch. J., concurring) held as stated in the head-note, and affirmed the judgment.  