Judgment affirmed, with costs; no opinion.
Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.
Doherty v. Catskill Cement Co., 136 App. Div. 902, affirmed.
(Argued May 3, 1911;
decided May 19, 1911.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, *563entered January 17, 1910, affirming a judgment in favor of defendant entered upon a verdict in. an action to recover damages alleged to have been occasioned plaintiff by the maintenance of a nuisance by the defendant.
A. T. Clearwater, Louis Marshall and Edwin P. Kilroe for appellant.
Frank H. Osborn for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.
202 N.Y. 562
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