
    Mary J. Warren, Respondent, v. New York Central and Hudson River Railroad Company, Appellant.
    (Argued May 18, 1917;
    decided June 5, 1917.)
    
      Warren v. N. Y. C. & H. R. R. R. Co., 165 App. Div. 946, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 24, 1914, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained through the negligence of the defendant. The plaintiff after leaving one of defendant’s trains in which she had been a passenger was passing along the sidewalk some distance from the defendant’s railway station at the unincorporated village of Crittenden, in the town of Alden, Genesee county. She claims that she put her foot into a hole in the sidewalk and fell, sustaining serious injuries. According to plaintiff’s testimony she fell at a place within the boundaries of the defendant’s lands. Defendant contended that she fell several hundred feet away from the place where she claims she fell, on a sidewalk in front of property belonging to a third person, not a party to this action. The defendant contended further that the sidewalk on its premises was part of a public highway, and that, therefore, the defendant was under no obligation to repair the sidewalk.
    
      Herbert W. Huntington for appellant.
    
      George W. Watson for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Hogan, Pound, Crane and Andrews, JJ.  