Judgment unanimously affirmed, with costs. The conclusion of this court is that chapter 470 of the Laws of 1899 did not grant to the General Carriage Company any right or franchise to maintain and operate buses or bus lines over and upon any of the streets of the city; but we do not determine the constitutionality of said act because not necessary to the decision. The court reverses the conclusion of law numbered (4). Present — Kelly, P. J., Rich, Jaycox, Manning and Kapper, JJ.