
    BASSETT, Respondent, v. RENSSELAER STONE CO., Appellant.
    (Supreme Court, Appellate Division, Third Department.
    July 1, 1914.)
    Action by Emma E. Bassett against the Rensselaer Stone Company.
   PER CURIAM.

Judgment modified, by adding thereto a provision that the defendant need not remove the fill, provided it makes the approach thereto on either side at a grade not to exceed 7 per cent., and, as so modified, affirmed, without costs. In case of a dispute whether the grade is properly and seasonably made, either party may apply at Special Term on the foot of the judgment for directions.

HOWARD and WOODWARD, JJ., vote for affirmance without modification.  