
    The New York Central and Hudson River Railroad Company, Appellant, v. The City of Rochester et al., Respondents.
    JV". T. O. <6 II. B. B. B. Go. v. Gity of Boohester, 129 App. Div. 805, affirmed.
    (Argued March 22, 1910;
    decided April 5, 1910.)
    Appeal from a judgment of the Appellate Division of tha Supreme Gonrt in the fourth judicial department, enteredl January 13, 1909, affirming a judgment in favor of defendí ants entered upon a dismissal of the complaint by the courl on trial at Special Term in an action to set aside an assessment upon the plaintiff of a portion of the expense of the construction of a certain bridge over its tracks.
    
      Edwin A Nash for appellant.
    
      W. W. Webb, Corporation Counsel (B. B. Cunningham of counsel), for respondents.
   Judgment affirmed, with costs, on opinion of Williams, J., below.

Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Haight, Vann, Werner and Hiscock, JJ.  