
    Town of Cortlandt, Appellant, v. New York Central Railroad Company, Respondent.
    
      Town of Cortlandt v. N. Y. C. R. R. Co., 175 App. Div. 194, affirmed.
    (Argued January 16, 1917;
    decided January 30, 1917.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 24, 1916, in favor of defendant upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The sole question is whether the duty rests upon the town or the railroad company to repair the roadway of a bridge carrying a public high-, way called Croton Neck road across the main line tracks and yard of the defendant at Harmon, a station on the line of defendant’s railroad in the town of Cortlandt, between the stations of Ossining and Croton.
    
      Nathan P. Bushnell for appellant.
    
      George H. Walker, Crosby J. Beakes and Alexander S. Lyman for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan, Cardozo and Pound, JJ.  