
    Frank N. Isham, Respondent, v. Erie Railroad Company, Appellant.
    
      Isham v. Brie JR. It. Co., 113 App. Div. 613, affirmed.'
    (Argued March 6, 1908;
    decided March 31, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 15, 1906, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived, in an action to recover damages alleged to have been caused by delay in the transportation of certain-freight.
    
      Floyd G. Greene for appellant.
    
      Royal R. Scott for respondent.
   Judgment affirmed, with costs;' no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Werner, Willard Bartlett and Chase, JJ. Not sitting : Vann, J.  