ROGERS et al., Respondents, v. NEW RANDALL, Appellant, v. DELAWARE, L. W. R. CO., Respondent. (Supreme Court, YORK CENT. & H. R. R. CO., Appellant. ppellate Division, Third Department. March(Supreme Court, Appellate Division, Fourth 1904.) Action by Myron J. Randall against Department. January 26, 1904.) Action by e Delaware, Lackawanna & Western Rail- John W. Rogers and another against the New York Central & Hudson River Railroad Comad Company. No opinion. Judgment and orer unanimously affirmed, with costs. pany. No opinion. Judgment and order affirmed, with costs.

RATHBUN, Respondent, v. DORRANCE et Appellants. (Supreme Court, Appellate Dision, Fourth Department. March 8, 1904.) ction by Sarah M. Rathbun against Emma G. orrance and another. No opinion. Judgment firmed, with costs.

RAY, Appellant, v. MAHONEY, Respondent:
Supreme Court, Appellate Division, Second
epartment. March 4, 1904.) Action by
eorge W. Ray against James Mahoney. No
inion. Judgment of the Municipal Court af-
med, with costs.

REDDING, Respondent, v. AMERICAN
ISTRIBUTING CO. et al., Appellants. (Su-
eme Court, Appellate Division, Second De-
irtment. January 29, 1904.) Action by Ralph
7. Redding against the American Distributing
ompany and another.
No opinion. Motion
enied, with $10 costs.

ROMAINE, Appellant, v. NEW YORK, N. H. & H. R. CO., Respondent. (Supreme Court, Appellate Division, Second Department. January 15, 1904.) Action by Lillian Romaine, as administratrix of the goods, chattels, and credits of Wayland D. Romaine, deceased, against the New York, New Haven & Hartford Railroad Company. No opinion. Motion for reargument granted, and case set down for Monday, January 25, 1904.

ROMAINE, Appellant, v. NEW YORK, N. H. & H. R. CO., Respondent. (Supreme Court, Appellate Division, Second Department. March 11, 1904.) Action by Lillian Romaine, as administratrix, against the New York, New Haven & Hartford Railroad Company.

PER CURIAM. Motion for leave to appeal to the Court of Appeals granted. It is not necessary, upon an appeal from such a judgment as this, to certify any special question, but the certificate should be made in the form prescrib

REED V. REED et al. (Supreme Court, Ap-ed by section 191, subd. 2, Code Civ. Proc. ellate Division, First Department. February 1904.) Action by Eva L. Reed against Ellen Reed and others. No opinion. Motion anted, so far as to dismiss appeal, with $10

sts.

ROSEN v. WARD et al. (Supreme Court, Appellate Division, First Department. February 19, 1904.) Action by Jacob Rosen, as trustee, against J. Langdon Ward and another. No opinion. Motion granted, so far as to take papers from files, on payment of $10 costs of motion and $10 costs of term.

REICH, Respondent, v. DYER et al., Appelnts. (Supreme Court, Appellate Division, irst Department. February 11, 1904.)_Acon by Elizabeth Reich against Edith L. Dyer RYER, Respondent, v. PRUDENTIAL INS. OF AMERICA, Appellant. (Supreme id another, executrices of Alicia V. La Bau. CO. rom an order denying a motion for a new trial Court, Appellate Division, Second Department. 1 the ground of newly discovered evidence, de- March 4, 1904.) Action by Fannie C. Ryer, as ndants appeal. Affirmed. John M. Bowers, administratrix, etc., against the Prudential Inr appellants. Charles Strauss, for respond-surance Company of America. No opinion. Order affirmed, with $10 costs and disburse

INGRAHAM, J. As we have determined, on e appeal from the judgment, to reverse the dgment and order a new trial, the determinaon of the questions presented on this appeal ecomes unnecessary. The order will therefore › affirmed, without costs. All concur.

RILEY V. VILLAGE OF BALLSTON PA. (Supreme Court. Appellate Division, hird Department. March 2, 1904.) Action 7 Benjamin C. Riley against the village of allston Spa. No opinion. Motion granted.

ments.

SAGAR, Respondent, v. OLDSBURY ELECTRO-CHEMICAL CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. March 8, 1904.) Action by William F. Sagar against the Oldsbury Electro-Chemical Company.

PER CURIAM. Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon questions of fact. Held, that the finding of the jury that the defendant was guilty of negligence, that the plaintiff was free from contributory negliIn re ROBINSON. (Supreme Court, Appel-gence, and that the plaintiff did not assume te Division, First Department. March 11, the risks incident to his employment, is con904.) In the matter of Agnes H. Robinson, trary to the weight of the evidence. eceased. W. W. Mumford, for appellant. G. . Judd, for respondent.

PER CURIAM. Order affirmed, with $10 CONTRACTING CO., Respondent. (Supreme osts and disbursements.

VAN BRUNT, P. J., dissents.

SAN DONATO, Appellant, v. NATIONAL Court, Appellate Division, Fourth Department. March 8, 1904.) Action by Eligio San Donato

and 120 New York State Reporter

against the National Contracting Company. No opinion. Judgment and order affirmed, with costs.

SAREY, Appellant, v. H. KOEHLER & CO., Respondent. (Supreme Court, Appellate Division, First Department. March 11, 1904.) Action by Alexander Sarey against H. Koehler & Co. E. H. M. Roehr, for appellant. J. V. Bouvier, Jr., for respondent. No opinion. Judgment and order aflirmed, with costs.

SATZINGER, Appellant, v. CHEBRA CHAI ODOM ANSHI MINSK, Respondent. (Supreme Court, Appellate Division, First Department. February 5, 1904.) Action by Werner Satzinger against the Chebra Chai Odom Anshi Minsk. H. M. Heymann, for appellant. J. Manheim, for respondent. No opinion. Appeal from decision dismissed. Judgment affirmed, with costs.

PER CURIAM. Judgment of the County Court of Kings county reaffirmed, after reargu ment, but without further costs. See 82 N. Y. Supp. 468.

HOOKER, J., not voting.

SCHRUMPF et al., Respondents, v. MANHATTAN RY. CO., Appellant. (Supreme Court, Appellate Division, First Department January 22, 1904.) Action by Jacob Schrumpf and others against the Manhattan Railway Company. T. L. Waugh, for appellant. W. G. Peckham, for respondents. No opinion. Judgment affirmed, with costs.

SCHULTEIS, Respondent, v. SCHEPP, Ap pellant. (Supreme Court, Appellate Division, First Department. March 11, 1904.) Action by Christian H. Schulteis against Leopold Schepp. D. P. Hays, for appellant E. B. Whitney, for respondent. No opinion. Order affirmed, with $10 costs and disbursements.

SCHULTHEIS, Appellant, v. SCHEPP, ReSCHALL et al., Respondents, v. CITY OF spondent. (Supreme Court, Appellate Division, NEW YORK, Appellant (two cases). (Su- First Department. March 11, 1904.) Action preme Court, Appellate Division, Second De-by Christian Schultheis against Leopold Schepp partment. January 7, 1904.) Actions by Sarah E. B. Whitney, for appellant. D. P. Hays, and Rudolph Schall against the city of New for respondent. No opinion. Order affirmed, York. No opinion. Motion denied. with $10 costs and disbursements.

SCHLOTTERER. Respondent, v. BROOK- SEIGEL V. LASKER et al. (Supreme Court, LYN & N. Y. FERRY CO., Appellant. (Su- Appellate Division, Second Department. Janupreme Court. Appellate Division, Second De-ry 29, 1904.) Action by Samuel Seigel against partment. March 4, 1904.) Action by Louisa George Lasker and Gottlieb Weldman. No Schlotterer, an infant, etc.. against the Brook-pinion. Motion denied, with $10 costs. lyn & New York Ferry Company. No opinion. Motion to amend order denied.

SHELDON v. TOWN OF ALLEGANY. (Supreme Court, Appellate Division, Fourth Department. January 29, 1904.) Action by SCHNURR, Appellant, v. QUINN, Respond- Margaret E. Sheldon against the town of Alleent. (Supreme Court, Appellate Division, Sec-gany. No opinion. Motion for leave to appeal ond Department. January 29, 1904.) Action to Court of Appeals, for certificate of question, by Tilly Schnurr against Alexander Quinn. denied, with $10 costs.

SKINNER, Respondent, v. GRAY, Appellant. SPLAIN, Appellant, v. UTICA GAS & Supreme Court, Appellate Division, First De- ELECTRIC CO., Respondent. (Supreme Court, artment. March 11, 1904.) Action by Wil-Appellate Division, Fourth Department. Januam Skinner against Milton C. Gray. N. ary 26, 1904.) Action by John Splain against mith, for appellant. F. W. Mattocks, for the Utica Gas & Electric Company. espondent. No opinion. Judgment aflirmed, ith costs.

PER CURIAM. Judgment reversed, and new trial ordered, with costs to the appellant to abide event. Held, that the question of defendIn re SMITH. (Supreme Court, Appellate ant's negligence was one of fact for the jury; ivision, Second Department. March 4, 1904.) also held, that the plaintiff was not barred from the matter of the application of John Gil- recovery by reason of the fact that he did not atric Smith for admission to the bar. No opin-own the fee of the land upon which the tree n. Application granted. stood. See Donohue v. Keystone Gas Co. (decided by this court at present term) 85 N. Y. Supp. 478.

SMITH, Respondent, v. BALDWIN et al., ppellants. (Supreme Court, Appellate Divion, Second Department. March 4, 1904.) Acon by Walter S. Smith against Kate L. Baldin. William T. Munson, and Smith Lent, as dministrators of Frederick A. Munson, deased. No opinion. Judgment allirmed, with

sts.

SMITH v. DUNN et al. (Supreme Court, ppellate Division, First Department. March , 1904.) Action by Thomas A. Smith against homas J. Dunn and others. No opinion. Moon granted, without costs.

SNEAD, Appellant, v. METROPOLITAN T. RY. CO., Respondent. (Supreme Court, ppellate Division, First Department. January 2, 1904.) Action by Ella J. Snead against the etropolitan Street Railway Company. M. J. lumenthal, for appellant. C. F. Brown, for spondent. No opinion. Order affirmed, with

sts.

SNEAD V. METROPOLITAN ST. R. CO. upreme Court, Appellate Division, First Dertment. February 11, 1904.) Action by Ella Snead against the Metropolitan Street Railad Company. No opinion. Motion denied. SPAHN, Respondent, v. INTERURBAN ST. Y. CO., Appellant. (Supreme Court, Appelte Division, Second Department. March 4, 04.) Action by Charles Spahn against the Inurban Street Railway Company. No opin1. Judgment of the Municipal Court affirmed, th costs.

SPALDING, Respondent, V. SUPREME UNCIL, ROYAL TEMPLARS OF TEMRANCE et al., Appellants. (Supreme Court, pellate Division, Fourth Department. Jany 29, 1904.) Action by Sarah A. Spalding inst the Supreme Council, Royal Templars Temperance, and others.

PER CURIAM. Judgment modified, so as to vide that there be paid out of the fund to appellants, Mary Jane Beadle and Ira E. ie, the sum of $198.50, dues and assessments d by them to the association upon the certifte, and also to the defendant Ira E. Huie the a of $500 as beneficiary under the original cy or certificate, and the remainder of the 000 to the plaintiff, and, as so modified, afned, without costs of this appeal to either

ty.

(Supreme Court, Appellate Division, Second SPOR, Appellant, v. GRAU, Respondent. Department. January 29, 1904.) Action by George Spor against Frederick W. Grau. No opinion. Motion denied.

STANDARD TRUST CO., Respondent, v. NEW YORK CENT. & H. R. R. CO. et al., Appellants. (Supreme Court, Appellate Division, Second Department. January 7, 1904.) Action by the Standard Trust Company, as executor of the last will and testament of Alfred M. Perrin, deceased, against the New York Central & Hudson River Railroad Company and others. No opinion. Motion denied. Execution stayed for 20 days, in order to give the appellants opportunity to apply to a judge of the Court of Appeals for leave to appeal to that court, if so advised.

STATE BOARD OF PHARMACY, Respondent, v. RUNYON, Appellant. (Supreme Court, Appellate Division, Second Department. March 11, 1904.) Action by the State Board of Pharmacy against Walter A. Runyon and Charles A. Cannon. No opinion. Judgment of the Municipal Court affirmed by default, with costs.

STERN, Respondent, v. WABASH R. CO., Appellaut. (Supreme Court, Appellate Division, First Department. January 22, 1904.) Action by Isaac L. Stern against the Wabash Railroad Company. H. A. Rubino, for appellant. J. A. Arnold, for respondent. No opinion. Order affirmed, with $10 costs and disbursements.

STEVENSON, Appellant, v. CITY OF NEW YORK, Respondent. (Supreme Court, Appellate Division, First Department. February 5, 1904.) Action by Robert Stevenson against the city of New York. J. M. Ward, for appellant. T. Connoly, for respondent. No opinion. Judgment aflirmed, with costs.

STIRLING v. KELLEY. (Supreme Court, Appellate Division, Fourth Department. January 29, 1904.) Action by Catharine Stirling against Bridget Kelley. No opinion. Motion for leave to appeal to the Court of Appeals granted. Questions to be certified to the court to be settled by and before SPRING, J., upon two days' notice.

and 120 New York State Reporter

STROMBERG, Respondent, v. TRIBUNE this order, $10 costs of this motion and $10 ASS'N, Appellant. (Supreme Court, Appellate term fee. In case of failure to pay the same, Division, First Department. January 22, 1904.) motion granted, with $10 costs. Action by Philip Stromberg against the Tribune Association. No opinion. Motion granted.

In re STRONG. (Supreme Court, Appellate Division, First Department. January 22, 1904.) In the matter of Elizabeth L. Strong, deceased. W. R. Adams, for appellant. J. S. Darcy and J. Ewen, for respondents. No opinion. Decree affirmed, with costs.

TAYLOR, Respondent, v. McCLYMONDS, Appellant. (Supreme Court, Appellate Division, Second Department. March 11, 1904.) Action by Josiah Taylor against J. Walter McCr monds, as executor, etc., of Louis K. Me monds, deceased. No opinion. Judgment and order unanimously affirmed, with costs.

TENEMENT HOUSE DEPARTMENT OF In re SUGARMAN. (Supreme Court, Appel- NEW YORK v. MOESCHEN (two cases). (So late Division, First Department. February 5,preme Court, Appellate Division, First Depart 1904.) In the matter of Ascher D. Sugarman. ment. February 19, 1904.) Actious by the No opinion. The respondent should verify his Tenement House Department of New York: against Katie Moeschen. No opinion. Motion granted. Question to be settled on presenta tion of order.

answer.

SULLIVAN, Appellant, v. ADLER VENEER SEAT CO., Respondent. (Supreme Court, Appellate Division, Third Department. January 25, 1904.) Action by Nora Mary Sullivan against the Adler Veneer Seat Company. No opinion. Judgment and order affirmed by default, with costs.

THOMAS, Respondent, v. CITY OF WA TERTOWN, Appellant. (Supreme Court, Ap pellate Division, Fourth Department. March 8, 1904.) Action by Alcinda Thomas against the city of Watertown. No opinion. Judgment and order affirmed, with costs.

TERY et al. (Supreme Court, Appellate DiviTHURSTON v. CYPRESS HILLS CEMEsion, First Department. January 22, 1904) Action by George W. Thurston against the Cy press Hills Cemetery and others. No opinion. Motion denied, with $10 costs.

In re TOTTEN. (Supreme Court, Appellate Division, Second Department. January 22, 1904.) In the matter of the judicial settlement of the account of William H. B. Totten, as administrator, etc., of Fanny Amelia Lattan, deceased. No opinion. Motion denied.

TRADERS' NAT. BANK OF ROCHESTER, Respondent, v. SHIRE, Appellant. (Supreme Court, Appellate Division, Fourth De Traders' National Bank of Rochester against Moses Shire, as administrator, etc. No opinion. Judgment and order affirmed, with costs, upon the opinion of this court in Flour City National Bank v. Same Defendant, reported 88 App. Div. 401, 84 N. Y. Supp. 810.

SUSE, Respondent, v. METROPOLITAN ST. RY. CO., Appellant. (Supreme Court, Appartment. January 29, 1904.) Action by the pellate Division, First Department. February 5, 1904.) Action by Leontine Suse against the Metropolitan Street Railway Company. C. F. Brown, for appellant. W. C. Cammann, for respondent. No opinion. Judgment and order affirmed, with costs.

SUSSMAN, Appellant, v. BERRY, Respondent. (Supreme Court, Appellate Division. Seeond Department. January 15, 1904.) Action by Adolph Sussman against Harris Berry. No opinion. Judgment of the Municipal Court affirmed by default, with costs.

SWIFT v. ASPELL & CO. (Supreme Court, Appellate Division, First Department. February 5, 1904.) Action by Charles N. Swift against Aspell & Co. No opinion. Motion denied, with $10 costs.

TRAUBER v. THIRD AVE. R. CO. (Supreme Court, Appellate Division, First Depart ment. February 11, 1904.) Action by George T. Trauber against the Third Avenue Railroad Company. No opinion. Motion denied, with $10 costs.

TREANOR, Respondent, v. METROPOLITAN ST. RY. CO., Appellant. (Supreme Court, Appellate Division. First Department. Febru ary 19, 1904.) Action by Hugh Treanor against the Metropolitan Street Railway Company. B. TALBOTT, Respondent, v. SHEAR, Appel-H. Ames, for appellant. J. B. Kerr, for relant. (Supreme Court, Appellate Division, Third spondent. No opinion. Judgment and order af Department. March 2, 1904.) Action by Jo- firmed, with costs. seph B. Talbott against Russell Shear. Νο opinion. Motion denied, upon appellant paying defendant, within 10 days from the service of

TRIPP, Respondent, v. BOOTH, Appellant. (Supreme Court, Appellate Division, Third De

artment. March 2, 1904.) Action by Madi- | whole, does state facts sufficient to constitute on B. Tripp against David S. Booth. No opin- a cause of action. The judgment appealed from on. Judgment affirmed, with costs. must be affirmed with costs.