
    Robert Gordon, Jr., Respondent, v. The Village of Silver Creek, Appellant.
    
      Gordon v. Village of Silver Creek, 137 App. Div. 888, affirmed.
    (Submitted November 17, 1909;
    decided December 7, 1909.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 17, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to recover damages alleged to have been suffered by plaintiff through the maintenance of a nuisance by the defendant.
    
      George E. Towne for appellant.
    
      Thomas H. Larkins for respondent.
   Judgment affirmed, with costs, on opinion of Robson, J., below.

Concur: Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Chase, JJ. Concurs in result: Cullen, Ch. J.  