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MEMORANDUM DECISIONS.

Robert ADAMSON, as Com'r., V. RICH Lucy B. ALLEN, respondent, v. Conrad M. LAND) REALTY CO. (Supreme Court, Appel- BRAKER, Florence L, BRAKER and Florence late Division, First Department. January 14, M. FOX, appellants. (Supreme Court, Appel1916.) Application denied, with $10 costs. Or- late Division, Second Department. December der signed.

30, 1915.) Judgment and order affirmed, with

costs, as to appellant Conrad M. Braker. But A. FRANK WARREN REAL ESTATE as proof of scienter did not involve the other CO. Respondent, v. STRASENBURGH, Ap- defendants who signed the contract, the judgpellant. (Supreme Court, Appellate Division, ment and order as to them must be reversed. Fourth Department. November 24, 1915.) Aco | As they have not separately appeared, this retion by the A. Frank Warren Real’Estate Com-versal is without costs. No opinion. Jenks, P. pany against Robert J. Strasenburgh. No opin- J., and Carr, Mills, Rich, and Putnam, JJ., ion. Judgment affirmed, with costs.

concur.

Alfred E. ALDRIDGE, appellant, v. ÆTNA ALONG THE HUDSON CO. v. Charles H. LIFE INSURANCE CO., respondent. (Su- AYRES. (Supreme Court, Appellate Division, preme Court, Appellate Division, Fourth De First Department. January 14, 1916.) Motion partment. January 22, 1916.) Judgment af- denied, with $10 costs. Order filed. firmed, with costs. All concur, except KRUSE, P. J., who dissents upon the ground that it ALVEY MFG. CO., appellant, v. INTERshould not be held as a matter of law that the BORO BREWING CO., respondent. (Supreme untruthful statement with reference to plain-Court, Appellate Division, First Department. tiff's having received medical attention is a war- December 30, 1915.) Order affirmed, with costs. ranty, in view of the fact that it was not con- No opinion, Order filed. tained in the copy of the application which was attached to the policy.

AMERICAN MANUFACTURING COM

PANY, respondent, v. Edward LINDGREN, In the Matter of the Transfer Tax upon the and others, appellants. (Supreme Court, AppelEstate of J. Henry ALEXANDRE, deceased. late Division, Second Department. December (Supreme Court, Appellate Division, Second De-24, 1915.) Judgment affirmed, with costs. No partment. December 17, 1915.) Order of the opinion. Jenks, P. J., and Thomas, Carr, Mills, Surrogate's Court of Richmond County modi- and Rich, JJ., diconcur. fied, so as to apportion the $9,229.85, fixed as

transfer tax, pro rata between petitioner's ben The AMERICAN SERVIANS ASSOCIAi eficial interest under the trust fund and her TION OF NEW YORK, respondent, v. UNION

other nontrust interests under the will, follow- SQUARE SAVINGS BANK, appellant. (Suing Matter of Title Guarantee & Trust Co., preme Court, Appellate Division, Second De81 Misc. Rep. 106, 112, 142 N. Y. Supp. 1070, partment. January 7, 1916.) Judgment and 159 App. Div. 803, 144 N. Y. Supp. 889; 212 order affirmed, with costs. No opinion. Jenks, N. Y. 551, 106 N. E. 1013, and as so modified P. J., and Thomas, Stapleton, Rich, and Putaffirmed, without costs of this appeal. No opin- nam, JJ., concur. ion. Jenks, P. J., and Thomas, Carr, Stapleton, and Putnam, JJ., concur.

AMERICAN & BRITISH MFG. CO., re

spondent., INTERNATIONAL POWER Harry L. ALLEN, as receiver, etc., appel- Co., Wilbur F. SADLER, recr., appellant. (Sulant, v. Charles A. ARMSTED. respondent. preme Court, Appellate Division, First Depart(Supreme Court, Appellate Division. Fourth ment. January 14, 1916.) Order affirmed, with Department. January 22, 1916.) Judgment re- $10 costs and disbursements. No opinion. Orversed and new trial granted, with costs to der filed. appellant to abide event. Held: That the nonsuit was improperly granted, and while the verdict of the jury was taken and might be re

ANCIENT ORDER OF HIBERNIANS OF instated, we are of the opinion that under the N Y COUNTY, appellant v. ANCIENT ORcircumstances a new trial should be granted. DER OF HIBERNIANS OF AMERICA_et All concur.

al., respondents. (Supreme Court, Appellate Division, First Department. December 24, 1915.)

Order affirmed with $10 costs and disburseLucy B. ALLEN, respondent, v. Conrad M. (ments. No opinion. Order filed. BRAKER and others, appellants. (Supreme Court, Appellate Division, Second Department. John_ANDRIUSZIS, respondent, V. PHILDecember 30, 1915.) Motion for stay denied. ADELPHIA & READING COAL & IRON

V.

as

COMPANY, appellant. (Supreme Court, Ap-, the premises described in the complaint, and pellate Division, Second Department. Janụary the conclusions of law numbered first and sec7, 1916.) Motions denied, without costs. ond are modified by striking therefrom the

words "and Rena P. Knapp," and the concluJames ASHLEY, respondent, v. NATIONAL sion of law numbered fourth is modified by HOTEL CO., appellant. (Supreme Court, Ap- striking therefrom so much thereof as adjudges pellate Division, Fourth Department. January that the plaintiff recover costs and disburse22, 1916.) Judgment and order reversed and ments of the action to be taxed and deducted new trial granted, with costs to appellant to from the moneys arising from the sale of grav. abide event. Held: That the court erred in el and on deposit with the county treasurer, refusing to charge as requested "that on the and by inserting in lieu thereof a provision that evidence the defendant did not maintain any no costs be allowed to any party in the trial faulty construction, either in the elevator or in court. The judgment appealed from is modified the walls or openings or plans and designs of accordingly, and so modified is affirmed, the same. All concur.

without costs of this appeal to any party. AUGUST, Respondent, v. ERIE R. CO., Appellant. (Supreme Court, Appellate Division, SON MFG. CO., respt. (Supreme Court, Appel

Albert BARBER, applt., v. W. A. CASE & Fourth Department. November 17, 1915.) , Ac late Division, Fourth Department. January 22, tion by Simon August against the Erie Rail- 1916.) Judgment and order affirmed, with costs. road Company. No opinion. Judgment and or- All concur. der affirmed, with costs.

Vincent J. AUNCHMAN v. S. Howard LEG Clara S. BARCLAY as trustee, Respt., v. GETT. Supreme Court, Appellate Division, Reginald G. BARCLAY, Applt. (Supreme First Department. January 14, 1916.) Motion Court, Appellate Division, First Department. granted, with $10 costs. Order filed.

December 24, 1915.) Order (155 N. Y. Supp.

221) affirmed, with $10 costs and disbursements. George BAGDON, appellant, v. PHILADEL. No opinion. Order filed. PHIA & READING COAL & IRON COMPANY, respondent. (Supreme Court, Appellate William H. BARNARD and ano., Respts., F. Division, Second Department. January 7, Noah H. SWAYNE et al., impld. with Florence 1916.) Motion granted. The question certified De G. Shaw, Applt. (Supreme Court, Appelis: “Should service of the summons in this late Division, First Department. December action upon the defendant be set aside?" 24, 1915.) Order affirmed, with $10 costs and

disbursements. No opinion. Order filed. Hyman D. BAKER V. ANCIENT ORDER OF HIBERNIANS. (Supreme Court, Appel In re BARNES. (Supreme Court, Appellate late Division, First Department. January 14, Division, Fourth Department. November 24, 1916.) Motion denied, with $10 costs. Order 1915.) In the matter of the application of filed.

James M. Barnes for the appointment of com

missioners to ascertain the damage to his propTheodore BAKER and others, appellants, v. erty, caused by the change of grade of street Emma H. GRIFFITH and Charles E. GRIF: in Cuba Village. No opinion. Judgment afFITH, respondents. (Supreme Court, Appel- firmed, with costs, upon stipulation filed. late Division, Second Department. January 7, 1916.) Motion granted, and case set down for

Charles P. BARNES, applt., v. Oliver DE RIDDER and

respts. Charles P. Friday, January 14, 1916.

BARNES, applt., v. Simon H. AGNEW and Dickerson G. BAKER and another, appel- sion, Fourth Department. January 5, 1916.)

one, respts. (Supreme Court, Appellate Divilants, v. Frank H. PAGE et al., respondents.

All concur. (Supreme Court, Appellate Division, First De

Judgment affirmed, with costs. partment. December 24, 1915.) Order affirmed, with $10 costs and disbursements. No

Retta H. BARRANGER, Applt., V. JAMES opinion. Order filed.

BUTLER, Inc., Respt. (Supreme Court, Ap

pellate Division, First Department. January John W. BAKER, applt., v. TOWN OF 14, 1916.) Order affirmed, with $10 costs and GROVE, respt. (Supreme Court, Appellate Di-disbursements. No opinion. Order filed. vision, Fourth Department. January 5, 1916.) Judgment and order affirmed with costs.

Van R. BARRETT, respt., v. William J.
All

BRADY, applt. (Supreme Court, Appellate
Division, Fourth Department. January 5,

1916.) Judgment and order reversed and new BARBER, Respondent, v. KNAPP et al., Ap-trial granted, with costs to appellant to abide pellants. (Supreme Court, Appellate Division, event. Held: 1. That the exception taken to Fourth Department. November 17, 1915.) AC- the refusal of the court to dismiss the first tion by Mina C. Barber, against Martha A. cause of action stated in the complaint because Knapp and another. No opinion. Findings of of the failure of evidence to support it, constifact numbered sixth and ninth disapproved, in tuted reversible error. 2. That the finding of so far as it is therein found that Rena P. Knapp the jury upon the second cause of action stated made an agreement to sell or sold gravel from in the complaint is against the weight of the

one,

concur.

V.

V.

evidence on the question of the alienation of First Department. December 10, 1915.) Acthe affections of the plaintiff's wife, or that any tion by Robert Beckett and another against damage was caused thereby. All concur. Julius Blum. No opinion. Judgment affirmed,

with costs. Order filed. Laughlin and Smith, Nicholas J. BARRETT as exr., Respt., v. JJ., dissent. Thomas KERATSAS and ano., Applts. (Supreme Court, Appellate Division, First Department.

BEIGLER, Respondent, v. INTERNATIONDecember 30, 1915.) Order affirmed, AL RY. CO., Appellant. '(Supreme Court, Ap. with costs. No opinion. Order filed.

pellate Division, Fourth Department. December BARTHOLOMAY BREWERY CO.

1, 1915.) Action by Abbie Beigler against the O'BRIEN et al. (Supreme Court, Appellate Judgment and order affirmed, with costs.

International Railway Company. No opinion. Division, Fourth Department. November 17, 1915.) Action by the Bartholomay Brewery Company against Dennis O'Brien and anoth-AGÁRA, LOCKPORT & O'NTARIO POWER

Agnes BELIUS, as admx., etc., applt., V. NI. er; Hugh J. O'Brien, appellant. No opinion. Co., respt. (Supreme Court, Appellant Divi: Motion to dismiss appeal held to be heard up- sion, Fourth Department. December 8, 1915.) on the argument of the appeal. See, also, 155 | Judgment affirmed, with costs. All concur. N. Y. Supp. 1093.

BELLA, Respondent, v. NEW YORK CENT. Nelson BASSETT, respt., v. Kate B'ASSETT, & H. R. R. CO., Appellant. (Supreme Court, applt. (Supreme Court, Appellate. Division, Appellate Division, Fourth Department. NoThird Department. January 5, 1916.) Inter-vember 24, 1915.) Action by Margaret Bella, as locutory decree unanimously affirmed.

administratrix, etc., against the New York Cen

tral & Hudson River Railroad Company. No Joseph D. BAUCUS, Applt., v. Ernest H. B. opinion. Appeal dismissed, without costs, upon WEATHERALL Respt. (Supreme Court, stipulation filed. Appellate Division, First Department. December 24, 1915.) Order modified as directed in order, 'and as modified affirmed, with $10 costs C. CLANCIOLO, respt.' (Supreme Court, Ap

Vincenzo BELLANCA, applt., v. Guiseppina and disbursements to respondent. No opinion. pellate Division, 'Fourth Department. January Order filed.

5, 1916.) Appeal dismissed without costs upon

stipulation filed.
Joseph D. BAUCUS Ernest H. B.
WEATHERALL (Supreme Court, Appellate
Division, First Department. December 24,

H. Ephraim BENGUIAT and ano., Applts., v. 1915.) "Order reversed, with $10 costs and Vitall BENGUIAT and ano., Respts. (Supreme disbursements, and motion denied. No opinion. December 24, 1915.) Order affirmed, with $10

Court, Appellate Division, First Department. Order filed.

costs and disbursements. No opinion. Order

filed. BEATY, Respondent, v. VANDALIA CHEMICAL CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. Novem

In the matter of the estate of William BENber 24, 1915.) Action by William T. Beaty HAM, deceased. John D. BENHAM, petitionagainst the Vandalia Chemical Company. No er, and Seaver. A. Miller, as Committee, etc., opinion. Judgment and order affirmed, with applts., ,. Willis E. BENHAM, administrator,

respt. (Supreme Court, Appellate Division, costs.

Third Department. January 18, 1916.) Decree

modified, by reducing the costs to $120 and disHarriet W. BEAULEY v. PRESS PUB-bursements, and as so modified unanimously LISHING CO. (Supreme Court, Appellate Di- aflirmed, without costs. vision, First Department. January 14, 1916.) Motion granted, with $10 costs. Order filed. In the matter of the claim of John Frederick

BENTON for compensation under the WorkBEAVERKILL STREAM CLUB, respt., v. men's Compensation Law, y. George H. FRAElizabeth C. LEMMI (formerly Leighton), 'do SER, employer, and Zurich General Accident ing business under the registered trade-name of and Liability Company, Limited, insurance carthe Arthur Leighton Company, applt. (Su- rier. (Supreme Court, Appellate Division, Third preme Court, Appellate Division, Third Depart. Department. January 5, 1916.) Award unaniment. January 5, 1916.) Judgment unani- mously aflirmed. Cochrane, J., not sitting. mously affirmed, with costs.

In the matter of the claim of Charles BERBEAVERKILL STREAM CLUB, respt., v. LINER, claimant, for compensation under the Elizabeth C. LEMMI (formerly Leighton), do Workmen's Compensation Law, and State Ining business under the registered trade-name of dustrial Commission, respts., V. RITCHIE & Arthur Leighton Co., applt. (Supreme Court, CORNELL, employer, and' Globe Indemnity Appellate Division, Third Department. Janu- Company, insurance carrier, applts. (Supreme ary 18, 1916.) Motion denied.

Court, Appellate Division, Third Department.

January 5, 1916.) Award affirmed. All conBECKETT et al., Appellants, v. BLUM, Recur, except Lyon and Woodward, JI., dissentspondent. (Supreme Court, Appellate Division, 'ing.

a

an

V.

Angelo BIASI, an infant, etc., applt., V. AC- appellants. (Supreme Court, Appellate DiviME ENGINEERING & CONTRACTING CO., sion, Third Department. January 18, 1916.) respt. (Supreme Court, Appellate Division, Award unanimously affirmed. Fourth Department. January 22, 1916.) Judgment reversed and new trial granted, with costs Henrietta I. BOLLINGER, Respt., . Anto appellant to abide event. Held: That the drew ALBRIGHT, Applt. (Supreme Court, notice is a part of the complaint and should be Appellate Division, First Department. Decemread in connection therewith, and when so read ber 24, 1915.) Judgment and order affirmed, the complaint states cause of action. 2. with costs. No opinion. Order filed. Even if the complaint was defective, the court had power under the circumstances of this case, Henrietta I. BOLLINGER, V. Andrew ALto allow the amendment asked. All concur. BRIGHT. (Supreme Court, Appellate Division,

First Department. January 14, 1916.) Motion

denied, with $10 costs. Order filed. Joseph BIELSKI, respt., HALCOMB STEEL CO., applt. (Supreme Court, Appellate Matter of BOUKER CONTRACTING CO., Division, Fourth Department. January 12, Applt., v. W. H. Callahan Contracting Co., 1916.) Appeal dismissed, without costs, upon Respt. (Supreme Court, Appellate Division, stipulation filed.

First Department. January 14, 1916.) Deter

mination (92 Misc. Rep. 241, 155 N. Y. Supp. Elsie H. BIRD and one, as executors, etc., J., at Appellate Term. Order filed.

543) affirmed, with costs, on opinion of Lehman, respts., v. INTERNATIONAL RAILWAY CO. impleaded, etc., applt. (Supreme Court, Appel

Isadore BRANDES, late Division, l'ourth Department December 8, BRADLEY CONTRACTING

inft., Respt., v. 1915.) Judgment and order affirmed, with costs. (Supreme Court, Appellate Division, First De

CO., Applt. All concur, except Foote, J., who dissents upon partment. December 30, 1915.) Judgment and the ground that the court erred in charging the order affirmed, with costs. No opinion. Order jury that the defendant was called upon to have

filed. the car approach the usual stopping place under control.

Isador BRANDES BRADLEY CON.

TRACTING CO. (Supreme Court, Appellate Charles BIRD, applt., v. James W. SHER- Division, First Department. January 11, 1916.) MAN et al., respts. (Supreme Court, Appellate Motion denied, with $10 costs. Order filed. Division, Fourth Department. January 5, 1916.) Judgment affirmed, with costs. All concur. BRESSLIN V. STAR CO. (Supreme Court,

Appellate Division, Second Department. DeIn the matter of Clarence F. BIRDSEYE. cember 8, 1915.) 'Action by Leon Bresslin (Supreme Court, Appellate Division, First De against the Star Company. No opinion. Motion partment. December 30, 1915.) Application denied. See, also, 167 App. Div. 938, 152 N. Y. granted. Settle order on notice.

Supp. 1100. Jacob BITTERFIELD, Respt., v. Adolf AS

Leon BRESSLIN, appellant, v. STAR COMCHIENGREN, Applt. (Supreme Court, Appel- pany, respondent (Supreme Court, Appellate late Division, First Department. December 24, Division. Second Department. December 30, 1915.) Order affirmed, with $10 costs and dis- | 1915.) Motion granted, without costs. bursements. No opinion. Order filed.

Elvira G. BROKAW et al., Respts., v. Louis BLAISDELL, Appellant, v. LONG ISLANDSHERRY, Applt. (Supreme Court, 'Appellate R. CO. Respondent. (Supreme Court, Appel- Division, First Department. December 24, late Division, Second_Department. December 1915.) Order affirmed, with $10 costs and dis10, 1915.) Action by William Blaisdell against bursements. No opinion. Order filed. the Long Island Railroad Company. No opinion. The parties hereto having stipulated in

Francesca BRUNO, applt., v. John P. KING, open court that this case may be disposed of by respt. (Supreme Court, Appellate Division, a court of four, the decision is as follows: Judg. Fourth Department. January 5, 1916.) Appeal ment unanimously atlirmed, with costs, for the dismissed, without costs, upon stipulation filed. reasons stated in Blaisdell v. Long Island Railroad Co., 152 App. Div. 218, 136 N. Y. Supp.

BUCCIARELLI, Appellant, V. RINEHART 768, on the question of liability. Any evidence & DENNIS

CO.: Respondent.' (Supreme Court, received upon the second trial, not adduced up- | Appellate Division, Second Department. De on the first, is purely cumulative, and does not cember 10, 1915.) Action by Ugo Bucciarelli, piece out a cause of action. See, also, 131 N. Y. an infant, by Vincenzo Bucciarelli, his guardian Supp. 14,

ad litem, against the Rinehart & Dennis Company. No opinion. The evidence is confused,

and some of the witnesses so changeful in their In the matter of the claim of Ella BLOOM- testimony as to awaken incredulity. But, unFIELD for compensation under the Workmen's opposed, the evidence is not so utterly destitute Compensation Law v. S. NOVEMBER, employ- of probable_truth as to permit its rejection by er, and Zurich General Accident and Liability the court. It tends to show, rather faintly, it is Insurance Company, Limited, insurance carrier, true, but sufficiently to demand submission to

the jury, subject to review as to the weight of Appellate Division, Second Department. De it, that the defendant's servants had been using cember 10, 1915.) Action by Edwin C. Chamsimilar caps for blasting near the place of the berlin and another against Josephine L. Chamaccident, and had left the cap. Whether the berlin and others. No opinion, Judgment modidefendant was negligent in such regard, whether fied, to the extent of reducing the extra allowsuch negligence was the proximate cause of the ances to the various defendants to one-half thereinjury, and whether the plaintiff or his parents of, and as so modified affirmed, without costs. were guilty of contributory negligence, were Settle order on notice before Mr. Justice Carr. questions for the jury to determine Judgment of nonsuit reversed and new trial granted, costs to abide the event.

Clark T. CHAMBERS, respondent, v. NEW

YORK THEATRE COMPANY, appellant. John L. BUNNELL, respt., v. N. Y. CEN- (Supreme Court, Appellate Division, Second De: TRAL R. R. CO., applt. (Supreme Court, Ap-partment. December 17, 1915.) Judgment and pellate Division, Fourth Department. January orders unanimously affirmed, with costs. No 5, 1916.) Judgment and order affirmed, with

opinion. costs. All concur.

Clark T. CHAMBERS, respondent, v. NEW In the matter of the claim of George BUR-YORK THEATRE COMPANY, 'appellant. TON for workmen's compensation v. JAMES (Supreme Court, Appellate Division, Second DeA. WHELEN & SONS, employer, Commercial partment. January 7, 1916.) Motion denied. Casualty Insurance Company, insurer, applts. (Supreme Court, Appellate Division, Third Department. January 5, 1916.) Award unani William D. CHAPIN, respondent, v. Freeman mously affirmed.

A. GODFREY and William Keeler, copartners, etc., appellant. (Supreme Court, Appellate Di

vision, Second Department. December 24, James G. BUSSING, respt., v. The N. B. 1915.) Application denied, with $10 costs. FAILS LUBRICATING CO., applt. (Supreme Court, Appellate Division, Fourth · Department. January 12, 1916.) Order reversed, with $10 George H. CHAPMAN, respt., v. NIAGARA costs and disbursements, and motion granted, SILK MILLS, applt. (Supreme Court, Appelwith $10 costs to abide event. All concur.

late Division, Third Department. January 18,

1916.) On the record and the stipulation filed, In re CALDWELLS ESTATE. (Supreme order unanimously, affirmed, with $10 costs and Court, Appellate Division, Fourth Department. disbursements, without prejudice to the right of December 1, 1915.) In the matter of transfer the presiding judge at the trial to order a refertax upon the estate of Isabel Caldwell, deceased. ence if in his judgment it should be done. No opinion. Order affirmed, with costs.

In the matter of the claim of Martha CHAPFrances E. CALLISTER, respt., v. Sarah A. PELLE, widow of Joseph T. Chappelle, deceasMEECH, impleaded, etc., applt. (Supreme ed, v. FOUR HUNDRED AND TWELVE Court, Appellate Division, Fourth Department. BROADWAY COMPANY, employer, and ZuJanuary 12, 1916.) Judgment affirmed, with rich General Accident and Liability Insurance costs. All concur.

Company, Limited, insurance carrier, applts.

(Supreme Court, Appellate Division, Third DeCARMAN v. FELDSTEIN. (Supreme Court, partment. January 18, 1916.) Motion granted. Appellate Division, First Department. December 10, 1915.) Action by Nelson G. Carman Giles A. CHASE, respt., v. Leslie A, SIMPagainst Herman H, Feldstein. No opinion. SON, applt. (Supreme Court, Appellate DiviApplication denied, with $10 costs. Order sion, Third Department. January 5, 1916.) signed.

Judgment unanimously affirmed, with costs.

Vahan CARDASHIAN, Respt., v. Henry B.

Nora CHILDERS, as administratrix, etc., of ENDICOTT et al., Applts. (Supreme Court, Ap- Alfred Thomas Childers, deceased, appellant, v. pellate Division, First Department. December BROOKLYN EASTERN DISTRICT TÉR24, 1915.) Order reversed, with $10 costs and MINAL, respondent. (Supreme Court, Appeldisbursements, and motion granted. No opinion. late Division, Second Department. December Order filed.

24, 1915.) Judgment and order unanimously af

firmed, with costs. No opinion. In the matter of the application of Vincent A. CASHIN, for admission to the bar. (Su for compensation under the Workmen's Com

In the matter of the claim of Joseph CINO, preme Court, Appellate Division, Second Depart- pensation Law, claimant-respondent, Y. NORment. December 24, 1915.) Application denied; TON & GORMAN CONTRACTING COMSee Matter of McGarey, 167 App. Div. 931, 152 PANY, employer, and Casualty Company of N. Y. Supp. 324.

America, insurance carrier, appellants. (Su

preme Court, Appellate Division, Third DepartCHAMBERLIN et al., Appellants, v. CHAM- ment. January 18, 1916.) Award unanimously BERLIN et al., Respondents. (Supreme Court,'affirmed.

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