
    New York Dock Company, Appellant, v. India Wharf Brewing Company, Respondent.
    
      New York Book Co. v. India Wharf Breioing Co., 137 App. Div. 385, affirmed.
    (Argued October 35, 1909;
    decided November 9, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 12, 1908, affirming a judgment. in favor of defendant entered upon the report of a referee in an action to recover compensation for the use of a wharf defended upon the ground that defendant had a right of way thereover.
    
      
      Charles E. Hotehkiss, Lidien T. Ernies and Charles II Tuttle for appellant.
    
      Lorenzo E. Armstrong for respondent.
   Judgment affirmed, with costsno opinion.

Concur: Cullen, Ch. J., Gray, Yann, Werner, Willard Bartlett, Hiscock and Chase, JJ.  