The only question on this appeal is whether it was error to refuse a jury trial of the question of past damages, these damages having been obtained by the plaintiff through assignment. The principles stated in the cases of Shepard v. Railway Co., 117 N. Y. 442, 23 N. E. 30, and Hunter v. Same (N. Y. App.) 36 N. E. 400, when applied to the question, necessarilv lead to an affirmance. Judgment affirmed, with costs.