
    John G. Pendorf, Respondent, v. The City of Rome, Appellant.
    
      Pendorf v. City of Rome, 138 App. Div. 913, affirmed.
    (Argued December 7, 1911;
    decided December 22, 1911.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 10, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to restrain the defendant from continuing to empty its sewers into a creek bordering plaintiff’s lands and for damages.
    
      M. J. Larkin for appellant.
    
      Albert T. Wilkinson for respondent.
   Judgment affirmed, with costs, on authority of Sammons v. City of Gloversville (115 N. Y. 346); no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.  