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Rossiter W. RAYMOND, respondent, v. Frank | pellant to abide event. Held, that the trial L. FERGUSON, appellant. (Supreme Court, court erred in admitting the evidence of the decAppellate Division, Second Department. Jan- larations of the defendant's manager as to the uary 12, 1917.) Judgment of the County Court use of the elevator by the plaintiff's intestate of Kings County affirmed, with costs. No opin- prior to the accident. All concur. ion. Thomas, Stapleton, Rich, and Putnam, JJ., concur. Jenks, P. J., not voting.

Catherine REINHARDT, respondent, v. The

CITY OF NEW YORK, appellant. (Supreme Thomas REANEY, Respt., v. Katherine C. A. Court, Appellate Division, Second Department. FAY and another, 'Applts.' '(Supreme Court, December 30, 1916.) Judgment and order unanAppellate Division, First Department. Decem: imously affirmed, with costs. No opinion. ber 8, 1916.) Order affirmed, with $10 costs and disbursements. No opinion. Order filed.

Matter of RHINELANDER AVENUE. (Su

preme Court, Appellate Division, First DepartClifford B. REDDEN, respondent, ". EDI: Mellen, Esq., to take proof as to ownership and

ment. December 8, 1916.) Referred to Chase SON ELECTRIC ILLUMINATING COM

Settle order PANY OF BROOKLYN, appellant. (Supreme report with his opinion thereon. Court, Appellate Division, Second Department.

on notice. December 15, 1916.) Judgment and order unanimously affirmed, with costs. No opinion,

In the Matter of the claim of Mary RIEDEL,

and minor children, for compensation under the James REDDY et al., applts., v. CITY OF Workmen's Compensation Law, for the death LITTLE FALLS, respt. (Supreme Court, Ap

of Charles Riedel, Mallory Steamship Com

The Travelers' Insurance pellate Division, Fourth Department. January pany, employer ; 10, 1917.)

Interlocutory judgment affirmed Company, insurance carrier, applts. (Supreme with costs, with leave to the plaintiffs to plead Court, Appellate Division, Third Department. over within 20 days upon payment of the costs

December 28, 1916.) Award unanimously af

firmed, of the demurrer and of this appeal. All con

In the Matter of the application of Felix William B. REID, respt., v. The MEDICAL RIESENBERG, appellant, for a writ of manSOCIETY OF THE COUNTY OF ONEIDA,

damus, etc. (Supreme Court, Appellate Divi

sion, Second Department. January 5, 1917.) applt. (Supreme Court, Appellate Division,

No opinion. Fourth Department. December 9, 1916.) It Order affirmed, with $10 costs. appearing that the justices qualified to sit in Thomas, Stapleton, Mills, and Rich, JJ., con

cur. this appeal are evenly divided and unable to

Carr, J., not voting. render a decision herein, the appeal is transferred to the Appellate Division, Third Depart Sigmund REISS, respondent, Sylvan ment, to be there heard and determined, pursu- | LEVY and another, appellants. (Supreme ant to section 231 of the Code of Civil Pro- Court, Appellate Division, Second Department. çedure. De Angelis, J., not sitting. For opin- January 19, 1917.) Motion denied. ion below, see 156 N. Y. Supp. 780.

Oscar L. RICHARD, Respt., v. Henrik Hugh J. REILLY, Jr., Plaintiff-Respond- NORMANN, indy., etc., Applt. (Supreme ent, v. FRANCO-AMERICAN FERMENT Court, Appellate Division, First Department. COMPANY, Defendant-Appellant. (Supreme January 26, 1917.) Order aflirmed, with $10 Court, Appellate Term, First Department. Jan- costs and disbursements. No opinion. Order uary 19, 1917.) Appeals from Municipal Court, filed. Borough of Manhattan, Third District. Two actions by Hugh J. Reilly, Jr., against the Eugene L. RICHARDS v. LONDON & LANFranco-American Ferment Company. Judg: CASHIRE CO. (Supreme Court, Appellate ments for plaintiff, after trial by the court Division, First Department. January 26, without a jury, and defendant appeals. Af

1917.) Motion for stay granted on condition firmed, as modified.

that appellant brings on the appeal for arguPER CURIAM. Upon the authority of Stan- ment on February 9, 1917. Settle order on ley v. Franco-American Ferment Co. (Sup.) notice. 161 N. Y. Supp. 365, the judgment in appeal No. 54 is reduced to $233.93, and in appeal No. 55 the judgment is reduced to $284.58, which

Clarence N. RISLEY, applt., v. TOWN OF

(Supreme Court, Appellate judgments represented in each case principal, in- URBANA, respt.

November 22, terest, and appropriate costs in the court' be Division, Fourth Department. low and the judgments, as thus modified, are

1916.) Judgment affirmed, with costs, on the affirmed with $10 costs to appellant, in each authority of Weisman 1. City of New York, case; costs to be set off.

219 N. Y. 178, 114 N. E. 70. All concur.

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Henry REINARTZ as adm'r, etc., Respt., v.

ROBERT DOLLAR CO. v. CANADIAN E. FRANK BREWSTER, Applt. (Supreme CAR & FOUNDRY CO. (Supreme Court, ApCourt, Appellate Division, Fourth Department. pellate Division, First Department. December January 16, 1917.) Judgment and order re- 22, 1916.) Motion granted ; question certified. versed and new trial granted, with costs to ap- 1 Order filed.

ROBERT DOLLAR CO. v. CANADIAN In the Matter of the Estate of Bridget ROSS CAR & FOUNDRY CO. (Supreme Court, Ap- deceased. (Supreme Court, Appellate Divisie pellate Division, First Department. December Second Department. January 5, 1917.) Onda 22, 1916.) Motion for stay granted. Settle of the Surrogate's Court of Westchester Com order on notice.

ty affirmed, with costs. No opinion. Jenis P.

J., and Thomas, Stapleton, Mills, and Putra, Cornelius G. ROCHE, as administrator, etc., JJ., concur. respondent, V. ST. JOHN'S RIVERSIDE HOSPITAL, appellant. (Supreme Court, Appellate Division, Second Department. Decem- LACKAWANNA & WESTERN RAILROAD

Stanley ROSS, applt., v. The DELAWARE ber 30, 1916.) Motion denied, without costs. COMPANY, respt. (Supreme Court, Appellate

Division, Third Department. John C. RODGER'S v. H. S. KERBAUGH

January

1917.) Motion denied. et al. (Supreme Court, Appellate Division, First Department. December 22, 1916.) Mo

Ella ROWBOTHAM, Respt., v. The CITY tion granted; question certified. Order filed. OF OSWEGO, Applt. (Supreme Court, App Samuel R. ROGERS and another, respts., . 1917.) Judgment and order affirmed with cist

late Division, Fourth Department. January 16 James J. BYARD, Jr., applt. (Supreme Court,

All concur. Appellate Division, Third Department. January 9, 1917.) Motion denied.

Siskind RUBIN, respondent, y, NEW YORK John E. ROHRER, indy., etc., Respt., v. MUNICIPAL RAILWAY CORPORATION Daniel W. QUINN, Jr., Applt. (Supreme and George W. McNulty, Inc., appellants. So Court, Appellate Division, First Department. preme Court, Appellate Division, Second D January 12, 1917.) Appeal from Special partment. January 26, 1917.) Judgment am Term, New York County. Action by John order affirmed, with costs, upon the ground tha: E. Rohrer, individually, etc., against Daniel W. both defendants are liable under their sererul Quinn, Jr. From so much of an order as de contracts without regard to negligence. Jends, nies a motion for an order striking out cer- P. J., and Stapleton, Mills, and Rich, JJ., 003tain allegations of the complaint, defendant cur. Carr, J., not voting. appeals. Order appealed from reversed in part, and motion granted, and in all other respects Darwin P. RUDD, Respt., v. POWELLS affirmed.

Applt. (Supreme Court, Appellate Division PER CURIAM. The order appealed from in First Department. January 26, 1917.) Juda so far as it denied the motion to strike out ment and order affirmed, with costs. Ko opinparagraphs 5, 6, 7 and 11, and so much of ion. Order filed. paragraph 10 as relates to the purchase of and and payment for screens should be reversed and

In the Matter of Benny SABATINO. (Suthe motion granted. In all other respects it preme Court, Appellate Division, Third Depart should be affirmed, without costs.

Settle or

ment. January 9, 1917.) Application for writ der on notice.

of habeas corpus denied, upon the ground that

the relator was duly tried and convicted of a Samuel J. RONSHEIM, Applt., v. KNICK- criminal offense, and duly sentenced. No ar ERBOCKER ICE CO. and another, Respts. peal was taken. He now seeks by a writ of (Supreme Court, Appellate Division, First De- habeas corpus to review questions wbich were partment. January 19, 1917.) Judgment af- before, and were decided by, the court upon bis firmed, with costs on the authority of Geraty conviction. The relator is committed by virto v. National Ice Co., 16 App. Div. 174, 44 N. of a final judgment of a competent tribunal de Y. Supp. 659, affirmed 160 N. Y. 658, 55 N. criminal jurisdiction, and under sections 2016 E. 1095. Order filed.

and 2020 of the Code of Civil Procedure be is

not entitled to the writ. Louis C. ROSE, Applt., v. William J. DIAMOND, Respt. (Supreme Court, Appellate Division, First Department. January 19, 1917.) GER, for compensation under the Workmen's

In the matter of the claim of Edna SAEN. Judgment affirmed, with costs. No opinion. Order filed,

Compensation Law, v. Felix A. LEKE, emplos

er, and Zurich General Accident & Liability Jacob ROSENBERG v. Leo ABRAHAM. rier, applts. (Supreme Court Appellate Divi

Insurance Company, Limited, insurance (ar(Supreme Court, Appellate Division, First De- sion, Third Department. January 9, 1917.) partment. December 8, 1916.) Application de Motion denied. nied, with $10 costs. Order signed.

Chas. M. ROSENTHAL GINGOLD In the Matter of Philip S. SAITTA. (StREALTY CO. (Supreme Court, Appellate Di- preme Court, Appellate Division, First Departvision, First Department. January 26, 1917.) ment. December 29, 1916.) Motion for reinMotion denied, with $10 costs. Order filed. statement granted. Settle order on notice.

ROSENTHAL PAPER CO. v. NAT. FOLD In the matter of the claim of the dependents ING BOX CO. (Supreme Court, Appellate Di- of Hayes SAMPSON, claimants-respts., v. The vision, First Department. January 26, 1917.) O'DELL & EDDY COMPANY, employer, and Motion granted. Order filed.

the Lumber Mutual Casualty Insurance Com

v.

concur.

pany of New York, insurance carrier, applts. Elsie SCHNELL, Applt., v. Edward L. (Supreme Court, Appellate Division, Third De- SCHNELL, Respt. (Supreme Court, Appellate partment. December 28, 1916.) Award un-Division, First Department. December 22, animously affirmed.

1916.) Order affirmed, without costs. No opin

ion. Order filed. Samuel SANDERS, Applt., v. Henry KRUMHOLZ, Respt. (Supreme Court, 'Appellate

Richard SCHNIBBE, respondent, v. HAUCK Division, First Department. January 12, 1917.) MANUFACTURING COMPANY, defendant, Order modified, as stated in order, and, as mod- and Oscar A. Lewis, as trustee in bankruptcy, ified, affirmed, without costs. No opinion. Or- etc.. appellant. (Supreme Court, Appellate der filed.

Division, Second Department. January 26, 1917.) Judgment and order affirmed, with costs.

No opinion. Jenks, P. J., and Thomas, Rich, Frederick G. SANFORD, etc., appellant, v. and Putnam, JJ., concur. Ferdinand WITT, respondent. (Supreme Court, Appellate Division, Second Department. Janu Lillian SCHOLES, respondent, V. NEW ary 26, 1917.) Notwithstanding the form of YORK CONSOLIDATED RAILROAD COMthe contracts in which the owners were each PANY, appellant. (Supreme Court, Appellate named, Mr. Witt's letters of January 16th and Division, Second Department. December 22, February 13th contained his individual prom- | 1916.) Judgment and order of the County Court ises of payment. The complaint averred the of Kings County reversed, and new trial orderwork to have been at defendant's special in- ed, costs to abide the event, on the ground that stance and request. In view, however, of these the verdict of the jury as to the defective consubsequent letters, plaintiff may, if so advised, dition of defendant's staircase is against the apply to Special Term for such amendment of weight of evidence. Jenks, P. J., and Thomas, the complaint, so as to present distinctly the Carr, Stapleton, and Putnam, JJ., concur. questions of these promises to pay, plaintiff's claims, and the further issue of plaintiff's per Frederick C. SCHULTZ, respt., v. David T. formance of their contracts. The judgment and VAN WORMER, applt. (Supreme Court, Aporder of the County Court of Westchester Coun- pellate Division, Third Department. December ty are therefore reversed, and a new trial order 28, 1916.) Judgment and order affirmed, with ed, costs to abide the event. Jenks, P. J., and costs. All concur, except Kellogg, P. J., and Thomas, Stapleton, Rich, and Putnam, JJ., Lyon, J., dissenting.

Herman SCHUMACHER, Respt., v. Palatiel In the matter of the claim of Julia SAYERS, Sheriff, Applt.

R. BOMEISLER, Deft. Alfred E. Smith, as

(Supreme Court, Appellate widow, for compensation under the Workmen's Division, First Department. January 12, 1917.) Compensation Law, for the death of Edward Order offirmed,

with $10 costs and disburseSayers, Sr., husband, claimant-respt., v. BILL, ments. No opinion. Order filed. BELL & COMPANY, employer, and Ocean Accident & Guarantee Corporation, Limited. in

Max SCHWARTZ v. Santiago P. CAHILL, surer, applts. (Supreme Court, Appellate Divi-) (Supreme Court, Appellate Division, First Desion, Third Department. Case remanded to the State Industrial Compartment. December 8, 1916.) Motion for remission to pass formally upon the question as tion for leave to appeal to the Court of Ap

argument (161 N. Y. Supp. 750) denied; moto the resettlement of the case and to make an peals granted. Order filed. order in reference thereto. Kellogg P. J., not sitting.

Louis SCHWARTZ, appellant, v. Max COHEN et al., respondents. (Supreme Court, Ap

DeLouis SCHLESINGER, respondent, v. Ferdi- pellate Division, Second Department.

Order affirmed, with $10 nand A. GRANER, appellant." (Supreme Court, cember 30, 1916.) Appellate Division, Second Department. Janu' costs and disbursements. No opinion. Thomas, ary 5, 1917.) Motion denied, without costs.

Carr, Stapleton, Mills, and Rich, JJ., concur.

Joe SCHWARTZ v. N. Y. RAILWAYS CO. Anton SCHMID V. Isaac NEUBERGER. (Supreme Court, Appellate Division, First De(Supreme Court, Appellate Division, First De- partment. December 8, 1916.). Application department. December 22, 1916.) Motion denied, nied, with $10 costs. Order signed. with $10 costs. Order filed.

William SCHWEIKERT, appellant, v. MIL

TON SCHNAIER & CO.,, Inc., respondent. Mary Agnes SCHNEIDER, respondent, v. (Supreme Court, Appellate Division, Second DeWilliam C. SCHNEIDER, appellant. (Su-partment. January 19, 1917.) Judgment repreme Court, Appellate Division, Second De- versed, and new trial granted, costs to abide the partment. January 5, 1917.) Order reversed, event, upon the ground that there was evidence with leave to plaintiff to renew her motion up- of defendant's negligence, or rather of neglion edditional affidavits corroborating the allega- gence on the part of its superintendent in sendtions of the complaint and tending to establish ing the plaintiff to do the work of painting the by competent proof that she has a fair prospect ventilating pipes without a helper to hold the of success on the trial of the action. No opin- ladder. Jenks, P. J., and Stapleton and Mills, ion, Jenks, P. J., and Stapleton, Mills, and JJ., concur. Rich, J., votes to affirm, Carr, Rich, JJ., concur. "Carr, J., not voting. J., not voting.

Lizzie SEARLES, respondent, V. CITY OF | er, 130 N. Y. 325, 29 N. E. 313, 14 LEI NEW ROCHELLE, appellant. (Supreme 429, 27 Am. St. Rep. 529. The other excentia Court, Appellate Division, Second Department. taken do not present reversible error., Jud.cz January 19, 1917.) Judgment and order un and order unanimously affirmed, with costs animously affirmed, with costs. No opinion.

Joshua SILVERSTEIN v. STANDARD ACSEED FILTER & MFG. CO., Inc., Applt., CIDENT INS. CO. (Supreme Court, Apr-late v. James F. STOCKING et al., 'Respts. (Su- Division, First Department. January 26, 1974 preme Court, Appellate Division, First Depart- Motion denied, with $10 costs. Order filed. ment. December 15, 1916.) Judgment affirmed, with costs.

George W. SIMERS v. Clara L, KELLOG. No opinion. Order filed.

(Supreme Court, Appellate Division, First Ite

partment. December 22, 1916.) Motion gas Bessie SEIDMAN, an infant, etc., Applt., v. ed, unless appellant complies with terms of use AVADINE CONSTRUCTION CORPORA- der. Order filed. TION, Respt. (Supreme Court, Appellate Division, First Department. December 15, 1916.) Judgment affirmed, with costs. No opinion.

Dennis F. SIMPSON, applt., V. Joseph F. Order filed.

ROE, respt. (Supreme Court, Appellate Dir sion, Third Department. December 28. 19161

Interlocutory judgment unanimously affirnes, John SELANDER, respondent, v. Alexander with costs. E. JOHNSON, defendant; Charles K. Johansen, appellant. (Supreme Court, Appellate Division, Second Department. January 5, 1917.)

Alexander SINGER v. FIGGE & HUTWELOrder' affirmed, with $10 costs and disburse.- KER CO. (Supreme Court, Appellate Divis.ca. ments. No opinion. Jenks, P. J., and Thomas, First Department. December 8, 1916.) Moto Stapleton, Mills, and Putnam, JJ., concur.

denied, with $10 costs. Order filed.

Florian SINGER, Applt., v. Charles W. SENECA DISTRIBUTING COMPANY, ap; ZIEGLER, Respt. (Supreme Court, Appella* pellant, v. Katherine FULTON, etc., impleaded Division, Fourth Department. January 1 with others, respondent. (Supreme Court, Ap. 1917.) Judgment affirmed with costs. All con: pellate Division, Second Department. January cur. 19, 1917.) Motion granted.

Jennie P. SKELTON, administratrix of the SENECA IRON & STEEL CO., applt., v. estate of Chester Skelton, deceased, respt. T. NIAGARA & ERIE POWER CO., respt. (Su- LEHIGH VALLEY RAILROAD COMPANY preme Court, Appellate Division, Fourth De applt. (Supreme Court, Appellate Division partment. December 6, 1916.) Order reversed Third Department. January 12, 1917). Juis with $10 costs and disbursements and motion ment and order unanimously affirmed, Fitt denied with $10 costs. Held, that the issues di- costs. See, also, 164 App. Div. 789, 150 N T. rected to be tried prior and separately by the Supp. 97; 171 App. Div. 91, 156 N. Y. Sup order appealed from are so related to the issues 835. tendered by the complaint as to require all the issues in the action to be tried together. All

In the matter of the claim of Anna SKOCZ LOIS for compensation under the Workman's

Compensation Law v. ÆTNA LIFE INSURSelig SHARE v. Martin LANGE. (Supreme ANCE COMPANY, applt. . (Supreme Court, Court, Appellate Division, First Department. Appellate Division, Third Department. Decreto December 8, 1916.) Application denied, with ber 28, 1916.), Award affirmed. All concur, el$10 costs. Order signed.

cept Lyon and Woodward, JJ., dissenting.

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Thomas F. SHAUGHNESSY, respt., Harry SLACKMAN, respondent, v. Charles FRANK V. BROTSCH CO., impleaded, etc., KAUFMAN, appellant. (Supreme Court. Apapplt. (Supreme Court, Appellate Division, pellate Division, Second Department. DecentFourth Department. January 3, 1917.) Judg- 15, 1916.) Judgment (160 N. Y. Supp. 750) af ment affirmed with costs. All concur.

firmed, with costs. No opinion. Jenks, P. d.
and Thomas, Stapleton, Mills, and Putnam, JJ.

concur.
William H. SIEBER, respondent, v. Joshua
S. ALPHONSUS, appellant. (Supreme Court,
Appellate Division, Second Department. Jan-

Bernard SLOAN MASSACHUSETTS uary 12, 1917.) No adequate ground appears to BONDING CO. (Supreme Court, Appellate reject this verdict. For the loss of the leg, a

Division, First Department. December 8, 1916! verdict of $3,000 only indicates that the jury Application granted. Order signed. gave proper weight to defendant's claim that the surgeons should have earlier amputated. There John S. SMITH, respt., V. ALABAMA LINwas no error in the refusal to charge that plain- | BER & COOPERAGE CO., applt. (Supreme tiff's failure to report back to defendant would Court, Appellate Division, Fourth Department

. relieve him from liability, as such omission December 6, 1916.) Judgment and order revers would only be in mitigation. Du Bois v. Deckled and new trial granted, with costs to appe?.

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Eu lant to abide event. Held, that the court erred Morris SPERGEL V. Morris H. WESTIN.

in ruling as matter of law that the only question (Supreme Court, Appellate Division, First Dewas that of damages and in holding as a matter partment. December 8, 1916.) Application of law that the unguarded belt was the proxi- denied, with $10 costs. Order signed.

mate cause of the injury. The question of deor fendant's liability should have been submitted to

Morris SPERGEL V. Morris H. WESTIN. the jury. All concur.

(Supreme Court, Appellate Division, First De

partment. December 8, 1916.) Motion denied, Edwin C. SMITH, and one, respts., v. Fred with $10 costs. Order 'filed. erick A. BROTSCH, Jr., et al., applts.

(SunI preme Court, Appellate Division, Fourth De

SPRINGFIELD, L, I., CEMETERY SOCIEpartment. January 10, 1917.) Motion granted, TY, respondent, v. Louis HERMAN and Bar

and appeal dismissed, with costs, including $10 bara Herman, appellants. (Supreme Court, Le costs of this motion.

Appellate Division, Second Department. Janu

ary 12, 1917.) Appeal dismissed on consent in Laura N. SMITH, Respt., 5. Edward W. open court, without costs, BROWNING, Applt. (Supreme Court, Appellate Division, First Department. January 26,

In the matter of the application of the STAN1917.) Order asfirmed, with $10 costs and dis- FORD HEIGHTS REALTY COMPANY OF bursements. No opinion. Order filed.

SCHENECTADY, N. Y., for a writ of certiorari

to Floyd S. Hedden et al., Assessors of the Harold H. SMITH, an infant, by William Town of Niskayuna, Schenectady County, N. Lord, his guardian ad litem, respondent, v. Y. (Supreme Court,' Appellate Division, Third ERIE RAILROAD COMPÁNY, appellant. Department. January 12, 1917.) Motion de(Supreme Court, Appellate Division, Second De- nied. Kellogg, P. J., not sitting. partment. January 26, 1917.) Reargument ordered, and case set down for March 7, 1917. Morgan L. STARKE, Applt., v. S. C. BECKJenks, P. J., and Thomas, Mills, and Putnam, WITH SPECIAL AGENCY, Respt. (Supreme JJ., concur. Carr, J., not voting.

Court, Appellate Division, First Department.

January 26, 1917.) Judgment affirmed, with Robert J. SMITH as administrator, etc., of costs. No opinion. Order filed. Margaret Smith, deceased, applt.-respt., v. James H, MATTHEWS, defendant, and The National Daniel W. STEELE, Jr., v. Martin V. COOK Bank of Whitehall and The Granville National et al. (two cases). (Supreme_Court, Appellate Bank, respts.-applts. (Supreme Court, Appel- Division, First Department. January 6, 1917.) late Division, Third Department. December 28, Motions to dismiss appeals granted, with $10 1916.) Judgments unanimously affirmed, with costs in each case, unless appellant comply with costs to the plaintiff against the defendant Mat- terms stated in orders. Orders filed. thews, and to each of the other defendants against the plaintiff.

Abner M. STEINBERG V. Leo SIMON.

(Supreme Court, Appellate Division, First De-
Blaine G. SNOOK et al., applts., v. The NEW partment. January 26, 1917.) Application
YORK CENTRAL & HUDSON RIVER RAIL- granted. Order signed.
ROAD CO., respt. (Supreme Court, Appellate
Division, Fourth Department. January 3,

Henry I. STETLER et al., plaintiffs, v. John 1917.) Order affirmed with costs. All concur. J. McFARLANE, defendant. (Supreme Court,

Appellate Division, Second Department, DeEvelyn L, SNYDER, an infant, etc., applt., cember 30, 1916.)" Motion granted, without 9. BERKSHIRE LIFE INS. CO., respt. Ber-costs. nice M. SNYDER, an infant, etc., applt., v. BERKSHIRE LIFE INS. CO., respt. (Supreme Court, Appellate Division, Fourth De- (PER CO. (four cases). (Supreme Court, Appel

Martin E. STINER v. TENNESSEE COP-
partment. January 3, 1917.) In each case,
judgment affirmed with costs.

December
All concur.

late Division, First Department.
22, 1916.) Motions denied, with $10 costs. Or-

ders filed.
Here SOPPE and one, Respts., v. George
CHRISTO, Applt. (Supreme Court, Appellate
Division, Fourth Department. January 16, Benjamin STOLLER, an infant, by William
1917.) Judgment affirmed with costs. All con- Stoller, his guardian ad litem, appellant, v.

Morris PALATNICK, respondent. (Supreme
Court, Appellate Division, Second Department.

January 19, 1917.) Judgment unanimously af-
Amasa B. SPELMAN, applt., v. Sarah A. firmed, with costs. No opinion.
STAVES, impleaded, et al., respts. (Supreme
Court, Appellate Division, 'Tbird Department.
December 28, 1916.)

Judgment unanimously Margaret STORY, respt., v. CITY OF LACKaffirmed, with costs, with the usual leave to AWANNA, applt. (Supreme Court, Appellate plaintiff to withdraw demurrer and plead, upon Division, Fourth Department. December 6, payment of costs in this court and in the court 1916.) Judgment and order affirmed with costs. below.

All concur.

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