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against the defendant as a policyholder in an insolvent fire insurance company.

E. G. Herendeen and Patterson A. Reece for appellant.

II. II. Rockwell for respondent.

Judgment affirmed, with costs, on opinion below.

Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT and CHASE, JJ.

CHARLES OLSEN, Respondent, v. METROPOLITAN STREET RAILWAY COMPANY, Appellant.

Olsen v. Metropolitan Street Ry. Co., 124 App. Div. 924, affirmed. (Argued June 10, 1909; decided October 5, 1909.)

APPEAL from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 5, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for personal injuries alleged to have been sustained through a collision between a wagon and one of defendant's cars.

Franklin Kennedy, James L. Quackenbush and Henry A. Robinson for appellant.

Frank E. Hipple and Clinton T. Roe for respondent.

Judgment affirmed, with costs; no opinion.

Concur: CULLEN, Ch. J., EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT and CHASE, JJ. Not sitting: GRAY, J.

CHARLES C. JOLLIFFE, Respondent, v. JOHN L. MILLER, Appellant.

Jolliffe v. Miller, 126 App. Div. 763, affirmed.

(Argued June 10, 1909; decided October 5, 1909.)

APPEAL from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June

25, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for personal injuries alleged to have been sustained through defendant's negligence in failing to properly guard the doorway to an elevator shaft.

Wilson B. Brice for appellant.

Herbert C. Smyth, Francis L. Wellman, Sumner B. Stiles and Jacob G. Lazarus for respondent.

Judgment affirmed, with costs; no opinion.

Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT and CHASE, JJ.

DENNIS J. MURPHY, Respondent, v. HUDSON RIVER TELEPHONE COMPANY, Appellant.

Murphy v. Hudson River Telephone Co., 127 App. Div. 450, affirmed. (Argued June 10, 1909; decided October 5, 1909.)

APPEAL from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 22, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action by an employee to recover for personal injuries alleged to have been sustained through the master's negligence in providing an improper appliance for the performance of certain work.

Erskine C. Rogers for appellant.

George S. Raley for respondent.

Judgment affirmed, with costs; no opinion.

Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT and CHASE, JJ.

MARTIN BERNREITHER, Appellant, v. THE CITY Of New York, Respondent.

Bernreither v. City of New York, 123 App. Div. 291, affirmed. (Argued June 11, 1909; decided October 5, 1909.)

APPEAL from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1908, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover for personal injuries alleged to have been sustained through defendant's negligence in permitting an accumulation of ice to remain upon the sidewalk of one of its streets.

Andrew C. Morgan for appellant.

Francis K. Pendleton, Corporation Counsel (Theodore Connoly and Clarence L. Barber of counsel), for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts, upon the ground that the notice of intention to sue required by the act of 1886, and the demand required by the provisions of the city charter are concurrent in their obligations, both being conditions precedent to the right to maintain the action; no opinion.

Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, VANN, WILLARD BARTLETT and CHASE, JJ. Taking no part: HAIGHT, J.

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. HENRY HOSIER, Respondent.

People v. Hosier, 132 App. Div. 146, affirmed.

(Argued June 14, 1909; decided October 5, 1909.)

APPEAL from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 12, 1909, which reversed a judgment of the Court of Gen

eral Sessions of the Peace in the county of New York rendered upon a verdict convicting the defendant of the crime of grand larceny in the first degree and granted a new trial.

William Travers Jerome, District Attorney (E. Crosby Kindleberger of counsel), for appellant.

John M. Coleman for respondent.

Order affirmed; no opinion.

Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, WERNER, WILLARD BARTLETT and Hiscock, JJ. Absent: CHASE, J.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v.
CHARLES BARRY, Appellant.

People v. Barry, 132 App. Div. 231, affirmed.
(Argued June 14, 1909; decided October 5, 1909.)

APPEAL from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 7, 1909, which affirmed a judgment of the Court of General Sessions of the Peace in the county of New York rendered upon a verdict convicting the defendant of the crime of grand larceny in the first degree.

Henry W. Unger, William W. Cantwell and K. Henry Rosenberg for appellant.

William Travers Jerome, District Attorney (E. Crosby Kindleberger of counsel), for respondent.

Judgment of conviction affirmed; no opinion.

Concur: CULLEN, Ch. J., GRAY, EDWARD T. Bartlett, WERNER, WILLARD BARTLETT and HISCOCK, JJ. Absent: CHASE, J.

CHRISTOPHER BETJEMANN, as Executor and Trustee under the Will of JOHN BAHRENBURG, Deceased, Respondent, v. THE BROOKLYN UNION ELEVATED RAILROAD COMPANY et al., Appellants.

Betjemann v. Brooklyn Union Elevated R. R. Co., 127 App. Div. 83, affirmed.

(Argued June 14, 1909; decided October 5, 1909.)

APPEAL from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 16, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to restrain the operation of defendants' elevated railroad in front of plaintiff's premises and for damages.

Charles L. Woody and George D. Yeomans for appellants.

Cyrus V. Washburn for respondent.

Judgment affirmed, with costs; no opinion.

Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, WERNER, WILLARD BARTLETT and HISCOCK, JJ. Absent: CHASE, J.

WATERMAN A. TAFT, as Receiver of the EXPORT LUMBER COMPANY, LIMITED, Respondent, v. THE SOUTH BROOKLYN SAWMILL COMPANY, LIMITED, et al., Appellants, Impleaded with Others.

Taft v. South Brooklyn Sawmill Co., 123 App. Div. 925, affirmed. (Argued June 14, 1909; decided October 5, 1909.)

APPEAL from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 6, 1908, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action for an accounting under certain business agreements.

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