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cember 30, 1912.) Action by Francis Graves | trict. Action by Hagedorn Bros. against John against the Village of New Berlin. Marquardt. From a judgment for defendant, plaintiffs appeal. Reversed. Samuel Ecker, of Martin G. New York City, for appellants. Lippman, of New York City, for respondent. PER CURIAM. Judgment reversed, on authority of Hegedorn Bros. v. O'Rourke (Sup.) 134 N. Y. Supp. 528, and judgment awarded to the plaintiff for $44 and costs in this court.

PER CURIAM. Judgment and order unanimously affirmed, with costs; the court holding that the verdict is supported by sufficient evidence, and that the declarations of the trustee, claimed to have been erroneously admitted, were not properly objected to, nor was a motion made to strike them out, and in any event, if error was committed in receiving the same, the error was not sufficient to call for a reversal. See, also, 139 N. Y. Supp. 1125.

LYON, J., not sitting.

GRAVES, Respondent, v. VILLAGE OF NEW BERLIN, Appellant. (Supreme Court, Appellate Division, Third Department. January 16, 1913.) Action by Francis Graves against the Village of New Berlin. No opinion. Motion denied. See, also, 139 N. Y. Supp. 1124.

GREENE v. GREENE et al. (Supreme Court. Appellate Division, Second Department. January 24, 1913.) Action by Annie M. Greene against Mary A. Greene and others. No opinion. Judgment affirmed, with costs.

GROTHEER et al., Respondents, v. SCHIERENBECK, Appellant. (Supreme Court, Appellate Division, First Department. January 31, 1913.) Action by Herman Grotheer and others against Fred Schierenbeck. J. J. Fitzgerald, for appellant. B. Reass, of New York City, for respondents. No opinion. Judgment and order affirmed, with costs. Order filed.

GROTTE, Respondent, v. HUDSON, Appellant. (Supreme Court, Appellate Division, Second Department. January 17, 1913.) Action by Edward B. Grotte against George C. Hudson. No opinion. Judgment affirmed by default, with costs.

GUGEL et al., Respondents, v. HISCOX_et al., Appellants. (Supreme Court, Appellate Division, Second Department. January 24, 1913.) Action by May M. Gugel and another against Everett S. Hiscox and another. No opinion. Interlocutory judgment aflirmed, with costs. See, also, 143 App. Div. 943, 127 N. Y. Supp. 1122.

HAGEDORN BROS. v. O'ROURKE et al. (Supreme Court, Appellate Term, First Department. January 9, 1913.) Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Hagedorn Bros. against Charles O'Rourke and another. From a judgment for defendants, plaintiffs appeal. Reversed. Samuel Ecker, of New York City, for appellants. C. Arthur Arnstein, of New York City, for respondents.

PER CURIAM. Judgment reversed, on authority of Hegedorn Bros. v. O'Rourke (Sup.) 134 N. Y. Supp. 528, and judgment awarded to the plaintiff for $57.50 and costs in the Municipal Court and in this court.

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GUTTA PERCHA & RUBBER CO. v. HOLMAN. (Supreme Court, Appellate Division, Action First Department. January 17, 1913.) by the Gutta Percha & Rubber Company against Chas. J. Holman. No opinion. Motion 1125. granted. Question certified. Order filed. See, also, 138 N. Y. Supp. 1118.

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HANDY v. VAN CORTLANDT REALTY
CO. (Supreme Court, Appellate Division, First
Department.
Action by
January 17, 1913.)
Henry Handy against the Van Cortlandt Real-
ty Company. No opinion. Motion granted.
Order filed. See, also, 139 N. Y. Supp. 1125.

HARTMAN et al., Respondents, v. NETSCHERT, Appellant. (Supreme Court, Appellate Division, Second Department. January 28, 1913.) Action by Samuel I. Hartman and another against Frank Netschert.

PER CURIAM. Motion to dismiss appeal from order 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. See, also, 139 N. Y. Supp. 1126.

HARTMAN et al., Respondents, v. NETSCHERT, Appellant. (Supreme Court, Appellate Division, Second Department. January 28, 1913.) Action by Samuel I. Hartman and another against Frank Netschert.

PER CURIAM. Motion to dismiss appeal from judgment 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.

In re HASBROUCK. (Supreme Court, Appellate Division, Second Department. January 17, 1913.) In the matter of the judicial settlement of the accounts, etc., of Louis H. Hasbrouck, as executor, etc. No opinion. Motion denied, with $10 costs. See, also, 138 N. Y. Supp. 620.

HATCH, Respondent, v. WALKUP, BALDWIN & CO., Appellants. (Supreme Court, Appellate Division, First Department. January 24, 1913.) Action by Edward W. Hatch, trustee, against Walkup, Baldwin & Co. C. F. Birdseye, of New York City, for appellants. H. A. Rubino, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. See, also, 138 N. Y. Supp. 1120.

HAWKINS, Respondent. V. GESELLSCHAFT FUR DRAHTLOSE TELEGRAPHIE TELEFUNKEN, Appellant. (Supreme Court, Appellate Division, Second Department. January 28, 1913.) Action by Frederick Hawkins against the Gesellschaft fur Drahtlose Telegraphie Telefunken. No opinion. Motion to dismiss appeal denied. The appeal will be held on the calendar of this court until the expiration of the time in which the action may be remanded from the United States court.

HAYES, Appellant, v. ROCHESTER, S. & E. R. CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. January 22, 1913.) Action by William J. Hayes against the Rochester, Syracuse & Eastern Railroad Company. No opinion. Appeal dismissed, without costs, upon stipulation filed.

HEILBRUNN V. GERMAN ALLIANCE INS. CO. OF NEW YORK. (Supreme Court Appellate Division, First Department. Jant ary 31, 1913.) Action by Simon Heilbruns against the German Alliance Insurance Com pany of New York. No opinion. Motion de 20 nied, with $10 costs. Order filed. See, also, 151 App. Div. 937, 135 N. Y. Supp. 1117.

In re HELDMAN'S ESTATE. (Supreme Court, Appellate Division, Fourth Department. January 8, 1913.) In the matter of the Estate of George Heldman, deceased.

dismissing appeal and order of affirmance, both entered November 13, 1912, amended, so as to provide that the dismissal and affirmance, re spectively, shall be without costs to either par ty, in accordance with the stipulation of the attorneys, dated July 9, 1912. See, also, 138 N. Y. Supp. 1120.

PER CURIAM. Motion granted, and order

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by Hector M. Hitchings against Henry Barr and others; Ella B. Rupert, appellant. No opinion. Orders affirmed by default, with $10 costs and disbursements. See, also, 138 N. Y. Supp. 1121.

HOFFERBERTH v. SMITH & UHLIG CO. et al. (Supreme Court, Appellate Division, First Department. January 31, 1913.) Action by Charles Hofferberth against Smith & Uhlig Company and others. No opinion. Application denied, with $10 costs. Order signed.

HOGAN, Respondent, V. NEW YORK CENT. & H. R. R. Co., Appellant. (Supreme Court, Appellate Division, Fourth Department. January 8, 1913.) Action by Margaret A. Hogan, as administratrix, etc., against the New York Central & Hudson River Railroad Company.

PER CURIAM. Judgment (136 N. Y. Supp. 1047) and order affirmed, with costs.

MCLENNAN, P. J., and LAMBERT, J., dissent, upon the grounds that the defendant was not shown guilty of actionable negligence, and that the plaintiff's intestate was guilty of contributory negligence as matter of law.

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INGALLS, Respondent, v. ERIE R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. January 8, 1913.) Action by Cora Ingalls against the Erie Railroad Company.

PER CURIAM. Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held that, while the defendant was under the same obligation to maintain the crossing for the use of the Ingalls farm as it was for the use of the Baker farm, yet the evidence fails to show that the defendant was guilty of negligence in the maintenance of the crossing which was the proximate cause of the accident.

FOOTE, J., concurs in result only, upon the ground that the occupants of the Ingalls farm had the use of the crossing either as licensees or as a way of necessity, and that in either

1

139 NEW YORK SUPPLEMENT

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from order denied, on condition that appellant Motion to dismiss appeal perfect his appeal, place the cause on the next calendar, and be ready for argument when reached; otherwise, motion granted, with $10 costs. See, also, 139 N. Y. Supp. 1126.

HARTMAN et al., Respondents, v. NETSCHERT, Appellant. (Supreme Court, Appellate Division, Second Department. 28, 1913.) Action by Samuel I. Hartman and January another against Frank Netschert.

PER CURIAM. Motion to dismiss appeal from judgment 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.

In re HASBROUCK. (Supreme Court, Appellate Division, Second Department. ary 17, 1913.) In the matter of the judicial Janusettlement of the accounts, etc., of Louis H. Hasbrouck, as executor, etc. tion denied, with $10 costs. No opinion. MoY. Supp. 620. See, also, 138 N.

HATCH, Respondent, v. WALKUP, BALDWIN & CO., Appellants. (Supreme Court, Appellate Division, First Department. 24, 1913.) Action by Edward W. Hatch, trusJanuary tee, against Walkup, Baldwin & Co. Birdseye, of New York City, for appellants. C. F. H. A. Rubino, of New York City, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. See, also, 138 N. Y. Supp. 1120.

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INS. CO. OF NEW YORK. (Supreme Court,
HEILBRUNN V. GERMAN ALLIANCE
ary 31, 1913.)
Appellate Division, First Department. Janu-
Action by Simon Heilbrunn
against the German Alliance Insurance Com-
nied, with $10 costs.
pany of New York. No opinion.
151 App. Div. 937, 135 N. Y. Supp. 1117.
Motion de-
Order filed. See, also,

In re HELDMAN'S ESTATE. Court, Appellate Division, Fourth Department. (Supreme January 8, 1913.) In the matter of the Estate of George Heldman, deceased.

dismissing appeal and order of affirmance, both PER CURIAM. Motion granted, and order entered November 13, 1912, amended, so as to provide that the dismissal and affirmance, rety, in accordance with the stipulation of the spectively, shall be without costs to either par attorneys, dated July 9, 1912. See, also, 138 N. Y. Supp. 1120.

In re HEMLOCK ST. IN BOrough of BROOKLYN, CITY OF NEW YORK. partment. January 24, 1913.) In the matter preme Court, Appellate Division, Second De (Surelative to acquiring title to Hemlock street, of the application of the City of New York from Jamaica avenue to Atlantic avenue, is the Borough of Brooklyn, etc. Motion granted, without costs. No opinion.

late Division, First Department. January 24,
In re HEYMANN. (Supreme Court, Appel-
1913.) In the matter of Henry M. Heymann.
No opinion. Reference ordered to official ref
eree. Settle order on notice.
App. Div. 947, 134 N. Y. Supp. 1134.
See, also, 149

CENT. & H. R. R. Co., Appellant. (Supreme
HICKEY, Respondent, V. NEW YORK
Court, Appellate Division, Fourth Department
January 8, 1913.)
Hickey, as administratrix, etc., against the New
Action by Elizabeth A.
York Central & Hudson River Railroad Com-
pany.

versed, and new trial granted, with costs to ap-
PER CURIAM. Judgment and order re-
pellant to abide event, upon the ground that
the plaintiff did not prove that the injury which
the negligence of the defendant. See, also, 148
caused the death of her intestate was due t
App. Div. 895, 132 N. Y. Supp. 1132.

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Court, Appellate Division, Second Department
HITCHINGS v. BARR et al. (Supreme
January 17, 1913.) (Actions 1 and 2.) Actions

by Hector M. Hitchings against Henry Barr | administrator, etc., against the Delaware, Lackand others; Ella B. Rupert, appellant. No awanna & Western Railroad Company. opinion. Orders affirmed by default, with $10 costs and disbursements. See, also, 138 N. Y. Supp. 1121.

HOFFERBERTH v. SMITH & UHLIG

CO. et al. (Supreme Court, Appellate Division, First Department. January 31, 1913.) Action by Charles Hofferberth against Smith & Uhlig Company and others. No opinion. Application denied, with $10 costs.

V.

PER CURIAM. Judgment and order affirmed, with costs.

SMITH, P. J., dissents, upon the ground that there is no evidence upon which the jury was authorized to find substantial damages. HOUGHTON, J., not sitting.

(Su

HUNTER v. CITY OF ALBANY. Order signed. preme Court, Appellate Division, Third Department. January 16, 1913.) Action by Charles F. Hunter against the City of Albany. No opinion. Motion granted, with costs, unless, within 40 days, appellant serves printed papers on appeal, and, if so served, motion denied, without costs.

HOGAN, Respondent, NEW YORK CENT. & H. R. R. Co., Appellant. (Supreme Court, Appellate Division, Fourth Department. January 8, 1913.) Action by Margaret A. Hogan, as administratrix, etc., against the New York Central & Hudson River Railroad Company.

PER CURIAM. Judgment (136 N. Y. Supp. 1047) and order affirmed, with costs.

MCLENNAN, P. J., and LAMBERT, J., dissent, upon the grounds that the defendant was not shown guilty of actionable negligence, and that the plaintiff's intestate was guilty of contributory negligence as matter of law.

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INGALLS, Respondent, v. ERIE R. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. January 8, 1913.) Action by Cora Ingalls against the Erie Railroad Company.

PER CURIAM. Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held that, while the defendant was under the same obligation to maintain the crossing for the use of the Ingalls farm as it was for the use of the Baker farm, yet the evidence fails to show that the defendant was guilty of negligence in the maintenance of the crossing which was the proximate cause of the accident.

FOOTE, J., concurs in result only, upon the ground that the occupants of the Ingalls farm had the use of the crossing either as licensees or as a way of necessity, and that in either

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