rtment. October 17, 1908.) Action by Delia abo against Baptiste Diabo. No opinion. otion for reargument denied, with $10 costs. otion for leave to appeal to the Court of Apals denied. DUNLOP, Respondent, v. CITY OF NEW DUNLOP, Appellant, v. MOSELEY et al., In re DITTRICH. (Supreme Court, Appel- 3. DONEGAN & SWIFT v. HUBBARD. (Su- filed. DUCHAMBEAU, Respondent, V. AMES PER CURIAM. Judgment and order re- DUNN, Respondent, v. CITY OF NEW PER CURIAM. Judgment and order affirm- DUNN, Respondent, v. MARTIN, Appellant. (Supreme Court, Appellate Division, First Department. November 6, 1908.) Action by Frederick P. Dunn against Thomas R. Martin. J. E. Lawshe for appellant. C. Fischer, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. In re DUNNING. (Supreme Court, Appellate Division, First Department. November 6, 1908.) In the matter of Charles T. Dunning. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. DURLAND et al., Appellants, v. CRIPPEN, Respondent. (Supreme Court, Appellate Division, Third Department. September 17, 1908.) Action by Charles M. Durland and others against George Crippen. No opinion. Judgment modified, by striking therefrom recovery of damages of $1 and interest in favor of the defendant, and, as so modified, affirmed, without costs in this court. ECKHARDT, Respondent, v. INTERNATIONAL RY. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. October 7, 1908.) Action by Katherine Eckhardt against the International Railway Company. PER CURIAM. Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that the verdict of the jury is contrary to and against the weight of evidence. MCLENNAN, P. J., dissents. In re DUFFY. (Supreme Court, Appellate vision, Second Department. October 16, 08.) In the matter of the judicial settlement ECONOMIC POWER & CONST. CO., Rethe intermediate account of Elizabeth M. fy, as administratrix, etc., of Louisa Moran, spondent, v. CITY OF BUFFALO et al., Apceased. No opinion. Motion granted. See, Fourth Department. September 23, 1908.) Acpellants. (Supreme Court, Appellate Division, so, 127 App. Div. 74, 111 N. Y. Supp. 77. tion by the Economic Power & Construction DUFFY v. MCCLELLAN. (Supreme Court, pellate Division, First Department. October , 1908.) Action by Thomas F. Duffy against eorge B. McClellan. No opinion. Motion anted, with $10 costs. Order filed. Company against the city of Buffalo and others. PER CURIAM. Judgment (59 Misc. Rep. 571, 111 N. Y. Supp. 443) affirmed, with costs. KRUSE, J., dissents upon the ground that the act of the Legislature, so far as it assumes to and 146 New York State Reporter grant to a private corporation the use of the public right of the streets and highways of the state, is unconstitutional and void; it being not merely a declaration of the powers of the corporation, but an attempt to confer a valuable property right (People v. O'Brien, 111 N. Y., 1, 18 N. E. 692, 2 L. R. A. 255, 7 Am. St. Rep. 684) by private act, without expressing the same in the title of said act. SPRING, J., not sitting. EPXTEIN v. ZEDIKOW. (Supreme Court 30, 1908.) Action by Ike Epstein against La Appellate Division, First Department. October wig Zedikow. No opinion. Motion granted with $10 costs. Order filed. In re E. R. STRONG CO. (two cases). (Sc EGAN v. P. J. CARLIN CONST. CO. (Supreme Court, Appellate Division, First Depart-preme Court. Appellate Division. Second D ment. October 30, 1908.) Action by Joseph Egan against the P. J. Carlin Construction Company. No opinion. Motion granted, with $10 costs. Order filed. EHRLICH v. LEWIS REALTY CO. (Supreme Court, Appellate Division. First Department. October 30, 1908.) Action by William Ehrlich against the Lewis Realty Company. No opinion. Motion denied, with leave to renew as stated in order. Order filed. EISENHAUER, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant. (Supreme Court, Appellate Division, Second Department. October 16, 1908.) Action by Nicholas Eisenhauer against the Brooklyn Heights Railroad Company. No opinion. Judgment and order reversed, and new trial granted, costs to abide the event, upon the ground that the verdict is against the weight of the evidence. ELECTRICAL ACCESSORIES CO., Respondent, v. MITTENTHAL, Appellant. (Supreme Court, Appellate Division, First Department. October 16, 1908.) Action by the Electrical Accessories Company against Samuel S. Mittenthal. L. Laski, for appellant. J. S. Galland, for respondent. PER CURIAM. Order affirmed, with $10 costs and disbursements. Order filed. INGRAHAM and CLARKE, JJ., dissent. ELSAESSER, Appellant, v. PFENNIG, Respondent. (Supreme Court, Appellate Division, Fourth Department. September 30, 1908.) Action by Adam Elsaesser against Frank L. Pfennig. PER CURIAM. Judgment and order affirmed, with costs. partment. October 22, 1908.) In the matter of the application for a voluntary dissolution of the E. R. Strong Company. No opinion. A peals dismissed, unless the appellants accept the be vacated at Special Term, following our des stipulation of the respondents that the orders sion in Matter of Strong, 112 N. Y. Supp. 558, decided October 16, 1908. EWELL, Respondent, v. EWELL, Appellant. (Supreme Court, Appellate Division. S ond Department. October 22, 1908) Acti by Charlie L. Ewell against James L. Ewe.. No opinion. Order affirmed, with $10 costs and disbursements. In re FALLON. (Supreme Court, Appea Division, Second Department. October 9, 19 In the matter of the application of John J Fallon for admission to the bar. No opinion Application granted. FAMULARO, Respondent, v. OIL WELL SUPPLY CO., Appellant. (Supreme Co Appellate Division, Fourth Department. O ber 7, 1908.) Action by Bartolo Famu ar against the Oil Well Supply Company. PER CURIAM. Judgment and order Misc. Rep. 75, 105 N. Y. Supp. 1063) affr with costs. WILLIAMS and KRUSE, JJ., dissent. ment. FARRELL v. CITY OF NEW YORK S preme Court, Appellate Division. First Dept Farrell against the city of New York. No or October 30, 1908.) Action by Thoms ion. Motion granted, with $10 costs. Or filed. FARWELL, Respondent, v. SCHLAGER Appellant. (Supreme Court, Appellate Divis by Almyra B. Farwell against Adelbert J. Fourth Department. October 7, 1908) Ac Schlager. $10 costs and disbursements. No opinion. Order affirmed, will FAULKNER, Appellant, v. FAULKNER R spondent. (Supreme Court, Appellate Div... Fourth Department. November 11, 1908) 4 tion by John H. Faulkner against Nellie M Faulkner. No opinion. Judgment affirzed with costs. FEINSTEIN, Respondent, v. PERLMAN Perlman. No opinion. Judgment of the Mu- by James B. Fisher against Ernestus Gulick. icipal Court affirmed, with costs. No opinion. Motion denied. In re FENN. (Supreme Court, Appellate Diision, Third Department. October 2, 1908.) In the matter of the application of Alice E. enn, an infant, individually and by Catherine ). Fenn, her guardian ad litem, to lay out a highway in the town of Putnam, and the assessDent of damages therefor. No opinion. Order of the County Court confirmed, without costs. See, also, 112 N. Y. Supp. 431. FERRARI, Appellant, v. RACEY, Respondnt. (Supreme Court, Appellate Division, First Department. October 23, 1908.) Action by Prosper R. Ferrari against Mary A. Racey as xecutrix. A. M. Pariser, for appellant. G. H. francoeur, for respondent. PER CURIAM. Judgment and order affirm FERRY, Respondent, v. NEW YORK CITY Y. CO., Appellant. (Supreme Court, Appelate Division. Second Department. October 22, 908.) Action by James Ferry against the New York City Railway Company. No opinion. Order affirmed on argument, with $10 costs and isbursements. FILKINS, Respondent, v. MASON, Appelint. (Supreme Court, Appellate Division, ourth Department. September 23, 1908.) Acion by Ernest J. Filkins against Fred E. Maon. No opinion. Motion for reargument deied, with $10 costs. Motion for leave to apeal to Court of Appeals denied. FINUCANE, Respondent, v. WARNER, Apellant. (Supreme Court, Appellate Division, ourth Department. October 14, 1908.) Ac-| on by Amelia A. Finucane against Chas. G. Varner. PER CURIAM. Order (112 N. Y. Supp. 137) firmed, with $10 costs and disbursements. MCLENNAN, P. J., and ROBSON, J., dis ent. FISCHER, Respondent, v. HOME INS. CO., -ppellant. (Supreme Court, Appellate Divion, First Department. October 16, 1908.) action by Henry Fischer against the Home Inrance Company. A. B. Nathan, for appelant. No opinion. Order affirmed, with $10 sts and disbursements. Order filed. In re. FISHER. (Supreme Court, Appellate ivision, Fourth Department. July 24, 1908.) the matter of John W. Fisher, an attorney. o opinion. Referee's report confirmed, and e name of John W. Fisher, of Buffalo, N. ordered stricken from the roll of attorneys nd counselors of the Supreme Court, and said torney forbidden to practice in any of the Durts of this state. See 111 N. Y. Supp. 1119. FISHER, Respondent, v. GULICK. Appelnt. (Supreme Court, Appellate Division, Secnd Department. October 22, 1908.) Action FISHER et al., Respondents, v. HARTELL, Appellant. (Supreme Court, Appellate Division, Fourth Department. September 23, 1908.) Action by Henry C. Fisher and another against George W. Hartell. No opinion. Motion for reargument denied, with $10 costs. Motion for leave to appeal to Court of Appeals denied. FITZGERALD, Appellant, v. SYRACUSE RAPID TRANSIT RY CO., Respondent. (Supreme Court, Appellate Division, Fourth Department. September 30, 1908.) Action by Margaret I. Fitzgerald, an infant, etc., against the Syracuse Rapid Transit Railway Company. PER CURIAM. Judgment affirmed, with costs. MCLENNAN, P. J., not sitting. KRUSE, J., dissents. FLOOD, Appellant, v. CHELSEA REALTY CO. et al., Respondents. (Supreme Court, Appellate Division, First Department. October 23, 1908.) Action by Eugene J. Flood against the Chelsea Realty Company and others. E. W. Keene, for appellant. J. H. Regan, for respondents. No opinion. Judgment affirmed, with costs. Order filed. FORSBERG, Respondent, v. MICHEL, Appellant. (Supreme Court, Appellate Division, Second Department. October 9, 1908.) Action by Charles Forsberg against Leonhard Michel. No opinion. Judgment and order unanimously affirmed, with costs. FOSTER, Respondent, v. AMERICAN FIDELITY CO., Appellant. (Supreme Court, Appellate Division, First Department. October 16, 1908.) Action by Roger Foster and another against the American Fidelity Company. C. J. Gleason, for appellant. J. A. Allen, for re$10 costs and disbursements, on authority of spondent. No opinion. Order affirmed, with N. Y. Supp. 224, 1151.. Order filed. Rochkind v. Perlman, 123 App. Div. 808, 108 FOWLER PLUMBING & HEATING CO. v. CANDEE et al. (Supreme Court, Appellate Division, Second Department. October 22, 1908.) Action by the Fowler Plumbing & Heating Company against Fernando C. Candee, Jr., and another. No opinion. Order affirmed on argument, with $10 costs and disbursements. Ac FRINDEL, Respondent, v. FRINDEL, Appellant. (Supreme Court, Appellate Division, Second Department. October 22, 1908.) tion by Lottie E. Frindel an infant, by Morris Barkas, her guardian ad litem, against Benjamin Frindel. No opinion. Order affirmed, with $10 costs and disbursements. FRING, Appellant, V. CITY OF NEW YORK, Respondent. (Supreme Court, Appellate Division, First Department. October 23, 1908.) Action by Charles Fring against the city of New York. H. H. Heyman, for appellant. T. Connoly, for respondent. No opinion. and 146 New York State Reporter Judgment and order affirmed, with costs. der filed. Or GABELMAN, Respondent, v. DRESSLER, Appellant. (Supreme Court, Appellate Division, Second Department. October 22, 1908.) Action by Henrietta Gabelman against Peter Dressler. No opinion. Motion granted. GEOGHEGAN, Respondent, v. UNION RY. CO., Appellant. (Supreme Court, Appellate Division, First Department. November 6. 1908.) Action by John J. Geoghegan against the Union Railway Company. J. V. Bouvier, for appellant. S. C. Baldwin, for respondent. No opinion. Judgment and order affirmed, with costs. Order filed. See, also, 122 App. Div. 646, 107 N. Y. Supp. 503. In re GERLICH. (Supreme Court, Appellate Division, Second Department. October 9. 1908.) In the matter of the application of Charles Gerlich for permission to appeal from the judgment of a Municipal Court in the borough of Brooklyn, etc. No opinion. Motion denied, on the ground of lack of power. GERSKI, Respondent, v. SLISZ et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. November 11, 1908.) Action by Louis Gerski, by guardian, etc., against Stanislaus Slisz and another. GERTLER, Respondent, v. BROOKLYN, Q C. & S. R. CO., Appellant. (Supreme Court. Appellate Division, Second Department. ** ber 16, 1908.) Action by Abraham Gerter against the Brooklyn, Queens County & Sub urban Railroad Company. No opinion. Je ment of the Municipal Court reversed, and new trial ordered, costs to abide the event, on the ground that the plaintiff did not prove by a pre ponderance of evidence that he was a passenger. In re GIFUNI. (Supreme Court, Appellate Division, First Department. October 30, 198 In the matter of Joseph Gifuni. No opia.ca. Reference ordered. Settle order on notice. GILCHRIST, Appellant, v. O'NEIL et al. Respondents. (Supreme Court, Appellate D sion, First Department. November 6, 19 Action by William K. Gilchrist against Simon J. O'Neil and others. A. Gilhooly, for appe lant. H. S. Marshall, for respondents. No opinion. Judgment affirmed, with costs. Order filed. GILMORE, Respondent, v. WAGNER, A pellant. (Supreme Court, Appellate Division Second Department. October 9, 1908) Action by Alexander Gilmore, Jr., against Cecelia Waz ner. No opinion. Judgment and order unas mously affirmed, with costs. In re GILROY, Com'r of Public Works. (S. preme Court, Appellate Division, Second D partment. October 22, 1908.) In the matter of the Petition of Thomas F. Gilroy, commissioner Eighth supplemental proceeding. Parcel of public works of the city of New York, et 184. No opinion. Order (112 N. Y. Supp. 11 afirmed, with $10 costs and disbursements. GOODMAN et al., Appellants, v. DYAR. Re spondent. (Supreme Court, Appellate Divis First Department. November 6, 1908) A by Edmund L. Goodman and another against Harrison G. Dyar. C. L. Craig, for appelants J. S. Montgomery, for respondent. No opinica Judgment and order affirmed, with costs. O der filed. Appellate Division, Fourth Department. Octo- | ber 7, 1908.) Action by Albert Goring against the Utica Gas & Electric Company. No opinion. Judgment and order affirmed, with costs. GRAEF, Division, First Department. October 16, 1908.) Appellant, V. BROOKLYN costs and disbursements. Order filed. GREAT NORTHERN MOULDING CO., Respondent, v. BONEWUR, Appellant. (Action No. 2.) (Supreme Court, Appellate Division, Second Department. October 9, 1908.) Action by the Great Northern Moulding Company against Solomon Bonewur. No opinion. Appeal dismissed, with costs. See, also, 112 N. Y. Supp. 466. GREENBERG, Respondent, V. GOLDSTEIN, Appellant. (Supreme Court, Appellate Division, Second Department. October 9, 1908.) Action by Alex. B. Greenberg against Barnett Goldstein. No opinion. Motion denied, with 310 costs. GREENE, Respondent, v. MERCANTILE TRUST CO. et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. November 11, 1908.) Action by Francis V. Greene against the Mercantile Trust Company and others. No opinion. Interlocutory judgment (111 N. Y. Supp. 802) affirmed, with costs, with leave to the defendants to plead over upon payment of the costs of the demurrer and of this appeal. GUTERMAN V. CORRIGAN. (Supreme Court, Appellate Division. First Department. October 30, 1908.) Action by Philip Guterman against John P. Corrigan. No opinion. Motion granted, with $10 costs. Order filed. HANAN, Appellant, v. LONG, Respondent, et al. (Supreme Court, Appellate Division, Second Department. October 9, 1908.) Action by Blossie A. Hanan, individually and as surviving executrix of Marcus Hanan, deceased, and as executrix, etc., of Jennie Hanan, deceased, against Richard W. Long and another. opinion. Judgment affirmed, with costs. No HANAN v. LONG et al. (Supreme Court, Appellate Division, Second Department. October 9, 1908.) Action by Blossie A. Hanan, individually and as executrix, etc., against Richard W. Long and others. No opinion. Interlucutory judgment affirmed, with costs. HANLEY, Respondent, v. UTICA & M. VAL LEY RY. CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. October 7, 1908.) Action by Thomas Hanley against the Utica & Mohawk Valley Railway Company. No opinion. Judgment and order affirmed, with costs. HART v. A. L. CLARKE & CO. (Supreme Court, Appellate Division, First Department. October 16, 1908.) Action by Henry Hart against A. L. Clarke & Company. No opinion. Motion granted. Settle order on notice. See, also, 111 N. Y. Supp. 886. HARTMETZ, Respondent, V. BUFFALO EXPANDED METAL CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. November 11, 1908.) Action by Fred Hartmetz against the Buffalo Expanded Metal Company. No opinion. Order affirmed, with costs. HATHORN et al. v. NATURAL CARBONIC GAS CO. (Supreme Court, Appellate Division, Third Department. September 15, 1908.) Action by Emily H. Hathorn and another against the Natural Carbonic Gas Company. With this case has been consolidated in this court cases bearing titles as follows: People of the State of New York v. Natural Carbonic Gas Company. Same v. New York Carbonic Acid Gas Company. Same v. Geysers Natural Gas Company of Saratoga Springs, New York. Same v. Lincoln Spring Company. Same v. Harry M. Levengston. PER CURIAM. Arguments set down for September 17th, at 3 p. m. Meantime stay of the enforcement of the injunction order vacatHARDING et al., Respondents, v. CHURCH-ed, with leave to the defendants upon the arguMAN, Appellant. (Supreme Court, Appellate ment to apply for a further stay of the in |