
    William Rockefeller, Respondent, v. Oliver Lamora, Appellant.
    
      Rockefeller v. Lamora, 106 App. Div. 345, affirmed.
    (Argued October 18, 1906;
    decided November 13, 1906.)
    Appeal from a judgment of - the Appellate Division of the Supreme Court in the third judicial department, entered July 5,1905, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial in an action to recover a penalty under the provisions of the Forest, Fish and Game Law because of defendant’s trespassing upon and taking fish from a stream where it flowed across plaintiff’s private park.
    
      J. Newton Fiero for appellant.
    
      John P. Fellas for respondent.
   Judgment affirmed, with costs ; no opinion.

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