
    William Scheer, Appellant and Respondent, v. The Long Island Railroad Company, Respondent and Appellant.
    
      Scheer v. Long Island R. R. Co., 134 App. Div. 939, affirmed.
    (Argued December 5, 1910;
    decided January 3, 1911.)
    Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 14, 1909, affirming a judgment partly in favor of plaintiff and partly in favor of defendant, entered upon the report of a referee in an action to restrain the defendant from trespassing upon certain land.
    
      David B. Ogden, and Charles S. Noyes for plaintiff, appellant and respondent.
    
      James W. Treadwell and Joseph F. Kearny for defendant, respondent and appellant.
   Judgment affirmed, without costs; no opinion.

Concur: Willard Bartlett, Hiscock, Chase and Collin, JJ. Haight and Werner, JJ., dissent from affirmance of so much of the judgment as is in favor of the plaintiff. Not sitting: Cullen, Ch. J.  