
    Joseph L. Rusling, Respondent, v. Union Pipe and Construction Company, Appellant.
    (Submitted March 21, 1899;
    decided April 18, 1899.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 3, 1896, affirming a judgment in favor of plaintiff entered upon the report of a referee.
    
      Rusling v. Union Pipe & Construction Co., 5 App. Div. 448, affirmed.
    
      Frederick G. Dow for appellant.
    
      Merritt E. Ma/oiland for respondent.
   Judgment affirmed, with costs, on opinion below.

All concur, except O’Brien and Vann, JJ., not voting.  