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ion. Application denied, with $10 costs. der signed.

Or- against Harrison D. Cole and another, impleaded with others. No opinion. Judgment affirmed, with costs.

BROOKLYN HEIGHTS R. CO., Respondent, v. BROOKLYN CITY R. CO., Appellant. (Supreme Court, Appellate Division, Second Action by Department. January 24, 1913.) the Brooklyn Heights Railroad Company against the Brooklyn City Railroad Company. PER CURIAM. Motion to resettle order granted, by making the second paragraph thereof read as follows: "Unanimously ordered and adjudged that the judgment so appealed from be and the same is hereby unanimously affirmed, except as to the findings that Hollins & Co. on the 14th day of February, 1903, were the owners of all of the capital stock of the plaintiff; that there had been a general examination of all of the accounts, so as to make possible an accurate statement showing the respective indebtedness of the companies to each other; that interest should be awarded from September 1, 1894, amounting to $1,616,680.15; and that September 1, 1894, was the date prior to which $1,740,258.38 over and above expenditures for which the plaintiff had been reimbursed by the defendant, had been expended by the plaintiff-without costs to either party in this court." See, also, 151 App. Div. 465, 135 N. Y. Supp. 990.

BUENTE, Respondent, v. COLLINS, Appellant. (Supreme Court, Appellate Division, First Department. January 31, 1913.) Action by Charles F. Buente against Matthew G. Collins. G. Glenn, of New York City, for appellant. Moses Cohen, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. See, also, 150 App. Div. 929, 135 N. Y. Supp. 1102.

BURGGRAF v. CITY OF NEW YORK (Supreme Court, Appellate Division, First_Department. January 17, 1913.) Action by John B. Burggraf against the City of New York. Motion granted, with $10 costs. No opinion. Order filed.

In re BURKE. (Supreme Court, Appellate Division, First Department. January 31, 1913.) In the matter of William J. Burke, an attorney. No opinion. Reference ordered to official referee. Settle order on notice. See, also, 150 App. Div. 899, 134 N. Y. Supp. 1127.

BURNETT, Respondent, v. NEW YORK, O. & W. RY. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. JanAction by Miner Burnett uary 8, 1913.)

against the New York, Ontario & Western Railway Company. No opinion. Judgment and order affirmed, with costs.

BUTCHER v. COLE et al. (Supreme Court, Appellate Division, Fourth Department. January 8, 1913.) Action by Judson W. Butcher

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Action by Youssoule Haim Capsuto against
John T. Fisher and others. E. M. Grout, of
New York City, for appellants. M. Feltenstein,
of New York City, for respondent.

PER CURIAM. Judgment and order af-
firmed, with costs. Order filed.
INGRAHAM, P. J., and SCOTT, J., dissent.

CARNEGIE TRUST CO. v. CHAPMAN. (Supreme Court, Appellate Division, First Department. January 31, 1913.) Action by the Carnegie Trust Company against Charles W. Chapman. No opinion. Motion denied, with $10 costs. Order filed. See, also, 138 N. Y. Supp. 715.

CARNEGIE TRUST CO., Appellant, V. WEIL, Respondent. (Supreme Court, Appellate Division, First Department. February 7, 1913.) Action by the Carnegie Trust Company against Aron Weil. H. B. Twombly, of New York City, for appellant. F. M. Patterson, of New York City, for respondent.

PER CURIAM. Judgment and order affirmed, with costs. Order filed. SCOTT, J., dissents.

CASEY V. WHEATON et al.

preme Court, Appellate Division, Second De-
partment. January 24, 1913.) In the matter
of acquiring title by the City of New York to
certain land and premises, situated in the block
bounded by Chauncey street, Marion street,
Hopkinson avenue, and Rockaway avenue, in
No opinion.
the Borough of Brooklyn, etc.
Motion denied, with $10 costs. See, also, 151
App. Div. 891, 135 N. Y. Supp. 1104.

In re CITY OF NEW YORK. In re HEA

LY. (Supreme Court, Appellate Division, First Department. January 17, 1913.) In the matter of the application of the City of New York to acquire title, etc. In the matter of Florence Healy. No opinion. Order affirmed, without costs. Order filed.

In re CITY OF NEW YORK. In re TOWN OF CARMEL et al. (Supreme Court, Appellate Division, Second Department. January 28, 1913.) In the matter of the applications of the City of New York to acquire real estate in the towns of Carmel and Southeast, etc. Croton Falls Dam and Reservoir, Reservoir K. No opinion. Reargument ordered, and case set down for Monday, March 10, 1913.

CITY (Supreme Court, Appellate Division, Third Department. January 16, 1913.) Action by Michael Casey against Armond E. Wheaton and another.

PER CURIAM. Motion granted, with costs of appeal and $10 costs of this motion, unless within 15 days the appellant shall serve upon the respondent's attorney three printed copies of the case on appeal, which he may do without costs, and, in case he shall so serve, the motion is denied, without costs.

CAVANAGH v. CREST REALTY CO. (Supreme Court, Appellate Term, First Department. January 15, 1913.) Appeal from City Court of New York, Trial Term. Action by Raymond Cavanagh, an infant, by Mary Cavanagh, his guardian ad litem, against the Crest Realty Company. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. Reversed, and new trial ordered. Simpson & Cardozo (Benjamin N. Cardozo, of New York City, of counsel), for appellant. Edward A. Scott (S. J. Bischoff, of New York City, of counsel), for respondent.

PER CURIAM. Upon the record we fail to find any evidence which shows that the defendant is responsible, either on the theory of respondeat superior or on the theory of nuisance, for the acts of the persons creating a dangerous condition on the sidewalk in front of the lot adjoining the premises controlled by the defendant. The judgment is therefore reversed, and a new trial ordered, with costs to appelant to abide the event.

LEHMAN and PAGE, JJ., concur.

In re CERTAIN LAND IN BOROUGH OF BROOKLYN, CITY OF NEW YORK. (Su

V.

OF NEW YORK, Appellant, WHITE STAR TOWING CO., Respondent. (Supreme Court, Appellate Division, First Department. February 7, 1913.) Action by the Towing Company, L. Leale, of New York City, City of New York against the White Star for appellant. J. M. Zurn, of Brooklyn, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed.

In re CITY OF ROCHESTER. (Supreme Court, Appellate Division, Fourth Department. January 8, 1913.) In the matter of the application of the City of Rochester to acquire certain lands in said city for the opening and widening of Frank street. The Otis Elevator Company appeals.

commissioners modified, so as to provide that PER CURIAM. Confirmation of report of the appellant shall be entitled to taxable costs as in an action, and, as so modified, affirmed, with the costs of this appeal to appellant.

In re CITY OF ROCHESTER. In re KOMENSKI. (Supreme Court, Appellate Division, Fourth Department. January 8, 1913.) In the matter of the application of the City of Rochester to acquire certain lands for the opening of Hamburg street, situate in said city. In the matter of award to Ellis Komenski. No opinions. Appeal dismissed, without costs, upon stipulation filed.

CLAMAN, Respondent, v. CLAMAN, Appel. lant. (Supreme Court, Appellate Division, First Department. January 31, 1913.) Action by Max Claman against Morris Claman. H. S. Mansfield, of New York City, for appellant. C. B. Ruskay, of New York City, for respond

ent. No opinion. Judgment affirmed, with now against the Morse Dry Dock & Repair costs. Order filed. See, also, 144 App. Div. Company. No opinion. Motion denied, with934, 129 N. Y. Supp. 1116.

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out cost.

CUTHBERT, Respondent, v. CYLINDER PAPER CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. January 8, 1913.) Action by Robina Cuthbert, as administratrix, against the Cylinder Paper Company. No opinion. Motion for leave to appeal to Court of Appeals (from 138 N. Y. Supp. 1113) denied, with $10 costs.

DANZIGER et al. v. GOTTLIEB. (Supreme Court, Appellate Division, First Department. January 31, 1913.) Action by Charles S. Danziger and others against Joseph Gottlieb. No opinion. Motion denied, with $10 costs, with out prejudice to an application to the Special Term. Order filed. See, also, 143 App. Div. 902, 127 N. Y. Supp. 1117.

DAUCHY et al., Appellants, v. POWERS et al., Respondents. (Supreme Court, Appellate Division, Third Department. January 8. 1913.) Action by William P. Dauchy and another, as administrators with the will annexed, etc., of Albert E. Powers, deceased, and Richard J. Welch, suing on behalf of themselves and all other persons similarly situated, against Edward F. Powers and another, as executors, and Eliza Powers, individually and as executrix, etc., of Nathaniel B. Powers, deceased. opinion. Motion denied.

No

DAVID V. EINHORN et al. (Supreme Court, Appellate Division, First Department. Action by Morris David January 31, 1913.) against William Einhorn and others. No opinMotion to dismiss appeal granted, with Order filed. $10 costs. case set

CRANTZ, Respondent, v. NASSAU ELECTRIC R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. December 6, 1912.) Action by Julius Crantz against the Nassau Electric Railroad Company. opinion. Reargument ordered, and down for Friday, December 13, 1912. See, also; 138 N. Y. Supp. 966.

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DAVIDSON v. METROPOLITAN BRIDGE & CONSTRUCTION CO. (Supreme Court, Appellate Division, First Department. January 17, 1913.) Action by Chas. Davidson against the Metropolitan Bridge & Construction Company. No opinion. Motion granted, with $10 costs. Order filed.

DEAN v. EAKINS. (Supreme Court, Appellate Division, First Department. January 17, 1913.) Action by William H. Dean against William C. Eakins. No opinion. Application denied, with $10 costs. Order signed.

DECKER v. STILWELL. (Supreme Court, Appellate Division, First Department. January 17, 1913.) Action by Margaret Decker against Stephen J. Stilwell. No opinion. M tion granted, with $10 costs. Order filed.

DEKKER v. RICHEY, BROWN & DON ALD. (Supreme Court, Appellate Division First Department. January 3, 1913.) Appeal

from Trial Term, New York County. Action by Lambert Dekker against Richey, Brown & Donald. From a judgment for plaintiff, and an order denying a motion for a new trial, defendant appeals. Reversed, and new trial or dered, unless plaintiff accept a reduced amount, in which event the judgment is affirmed, as so modified. T. H. Lord, of New York City, for appellant. Henry Leon Slobodin, of New York City, for respondent.

PER CURIAM. The judgment and order should be reversed, and a new trial ordered, with costs to appellant to abide event, unless the plaintiff stipulates to reduce the verdict to $3,500, in which event, judgment, as so modified, affirmed, and order affirmed, without costs; the reason being that in the opinion of the court the verdict as rendered must have been based upon a finding that the plaintiff suffered tuberculosis as a result of the accident, and, if the jury did so find, it was against the weight of evidence. The other injuries were not sufficiently severe, in the opinion of the court, to justify a larger recovery than the amount to which the judgment should be reduced as before indicated. Ordered accordingly.

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DUDLEY, Appellant, v. RAYMOND, Respondent. (Supreme Court, Appellate Division, First Department. January 31, 1913.) Action by Guilford Dudley, as ancillary administrator, etc., against Harry Raymond. W. M. Beard, of New York City, for appellant. D. P. Hays, of New York City, for respondent.

PER CURIAM. Judgment and order affirmed, with costs, on the authority of Dudley v. Raymond, 148 App. Div. 886, 133 N. Y. Supp. 17.

INGRAHAM, P. J., dissents. Order filed.

DUNN, Respondent, v. STEWART et al., | ion. Application denied, with $10 costs. Order Appellants. (Supreme Court, Appellate Divi- signed. sion, Fourth Department. January 8, 1913.) Action by Clarence W. Dunn against James C. Stewart and another. No opinion. ment and order affirmed, with costs.

Judg

DURR, Respondent, v. INTERNATIONAL RY. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. January 15, 1913.) Action by Abram Durr against the International Railway Company. No opinion. Judgment and order affirmed, with costs.

ERDTMANN, Appellant, v. STACK et al., Respondents. (Supreme Court, Appellate Division, Second Department. January 17, 1913.) Action by Frederick W. Erdtmann, individually and as trustee, etc., against Thaddeus J. G. Stack and another. No opinion. Motion denied, on condition that appellant perfect his appeal, place the cause on the next calendar, and be ready for argument when reached; otherwise, motion granted, with $10 costs.

EAGLE SAVINGS & LOAN CO. v. COLLINS et al. (Supreme Court, Appellate Division, Second Department. January 17, 1913.) Action by the Eagle Savings & Loan Company against Ada M. Collins and others. No opinion. Motion denied, on condition that appellant perfect her appeal, place the cause on the next calendar, and be ready for argument when reached; otherwise, motion granted, with $10 costs.

EGAN v. EGAN. (Supreme Court, Appellate Division, First Department. January 17, 1913.) Action by Mary II. Egan against William H. Egan. No opinion. Motion granted, with $10 costs. Order filed.

ELLIOTT, Respondent, v. EMPIRE LIMESTONE CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. January 22, 1913.) Action by Alexander C. Elliott against the Empire Limestone Company. PER CURIAM. Judgment and order affirmed, with costs.

FOOTE, J., not sitting.

EVANS et al. v. PELTA et al. (Supreme Court, Appellate Division, First Department. January 31, 1913.) Action by Bertha Evans and others against Charles Pelta and others. No opinion. Order signed. See, also, 146 App. Div. 749, 131 N. Y. Supp. 411.

FARJEON, Appellant, v. INDIAN TERRITORY OIL CO., Respondent. (Supreme Court, Appellate Division, First Department. January 24, 1913.) Action by Albert Farjeon against the Indian Territory Oil Company. W. E. Kisselburgh, for appellant. W. F. Parker, for respondent. No opinion. Judgment affirmed, with costs, in 146 App. Div. 23, 130 N. Y. Supp. 532. Order filed. See, also, 151 App. Div. 935, 135 N. Y. Supp. 1111.

In re FEDERAL UNION SURETY CO. (Supreme Court, Appellate Division, First Department. January 24, 1913.) In the matter of the application of the Federal Union Surety Company. No opinion. Judgment affirmed. with costs. Order filed. See, also, 73 Misc. Rep. 28, 132 N. Y. Supp. 196; 139 N. Y. Supp. 1122.

ELLISON, Respondent, v. EDELMEYER, Appellant. (Supreme Court, Appellate Division, First Department. January 17, 1913.) Action by William B. Ellison against Walter S. Edelmeyer. D. Nicholson, of New York City, for appellant. O. B. Goldsmith, of New York City, for respondent. No opinion. Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Order filed.

In re FEDERAL UNION SURETY CO. (Supreme Court, Appellate Division, First De partment. January 24, 1913.) In the matter of the Federal Union Surety Company. No opinion. Order (73 Misc. Rep. 28, 132 N. Y. Supp. 196) affirmed, with $10 costs and disbursements. Order filed. See, also, 139 N. Y. Supp. 1122.

EQUITABLE TRUST CO. OF NEW YORK
v. LEICHTER. (Supreme Court, Appellate
Division, First Department. January 31, 1913.)
Action by the Equitable Trust Company of
New York against Solomon Leichter. No opin-1

FIDELITY MUT. LIFE INS. CO. v. RICHLAND. (Supreme Court, Appellate Division. First Department. January 17, 1913.) Action by the Fidelity Mutual Life Insurance Company against Harris Richland. No opinion Motion granted. Order filed. See, also, 138 N. Y. Supp. 763.

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