Mersereau v. Western New York & Pennsylvania Railway Co. 198 N.Y. 591

William B. Mersereau, Respondent, v. Western New York and Pennsylvania Railway Company et al., Appellants.

Mersereau v. Western N. T. & Pa. By. Go., 129 App. Div. 932, affirmed.

(Argued April 7, 1910;

decided April 26, 1910.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 14, 1909, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover excessive freight charges alleged to have been made in violation of an express agreement ñxing the rate thereof.

Allen J. Hastings for appellants.

Creighton /S'. Andrews for respondent.