
    CUMMINGS, Respondent, v. EIGNOR, Appellant.
    (Supreme Court, Appellate Division, Third Department.
    November 10, 1915.)
    Action by Mary Ella Cummings against Matilda Eignor.
   PER CURIAM.

Judgment modified, by - requiring the plaiati~ to pay to defendant a just proportion of the cost of constructing bridge over the creek and along the common right of way, taking into consideration the present condition value of the bridge. In case the parties cannot agree upon the sum to be so paid, that question to be submitted to and determined by Justice Ohester at Special Term. As so modified. the judgment is unanimously affirmed, without costs in this court to either party.  