Majority
p. 974Mayor, Etc., of City of New York, Respondent, v. Central Park, N. & E. R. R. Co., Appellant. (Common Pleas of New York City and County, General Term. June 22, 1891.) Argued before Daly, C. J., and Bischoff, J.
Vanderpoel, Cuming & Goodwin, for appellant. L. Steckler, for respondent.
The reasons for affirming the judgment in Mayor, etc., v. Railroad Co., 15 N. Y. Supp. 297 , (decided at this term,) apply to the present case, which is also an appeal from a judgment of the district court in favor • of plaintiff for a penalty incurred under the ordinance of the common council requiring city railroad companies to run cars between midnight and 6 •o’clock A. M., and the judgment should be affirmed.