
    George Herold, Resp’t, v. The Metropolitan Elevated R. Co. et al., App’lts.
    
    
      (Court of Appeals,
    
    
      Filed December 15, 1891.)
    
    
      
       Affirming 37 St. Rep., 896.
    
   The disposition of the appeal in the case of Lynch against these same defendants, argued herewith, must control this appeal.

The judgment should be affirmed, with costs.

All concur, except Earl and Peckham, JJ., who dissent.  