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.