Majority
p. 601In the Matter of the Application of The Yonkers Railroad Company for an Order of Mandamus Directed to The City of Yonkers and Edward J. Murray, as Commissioner of Public Works of the City of Yonkers. The Yonkers Railroad Company, Respondent; The City of Yonkers and Edward J. Murray, as Commissioner of Public Works of the City of Yonkers, Appellants.
Peremptory order of mandamus, entered upon a verdict of a jury, directing the appellants to issue forthwith to the respondent a permit to open the pavement on New Main street for the purpose of laying rails, and which denies the motion for a new trial, unanimously affirmed, with costs. The evidence amply supports the findings of tne jury. The claims of errors by the trial court are without merit. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.