
    The Ballston Refrigerating Storage Company, Respondent, v. Eastern States Refrigerating Company, Appellant.
    (Argued October 10, 1912;
    decided October 29, 1912.)
    
      Ballston Refrigerating Storage Co. v. Eastern States Refrigerating Co., 142 App. Div. 135, affirmed.
    Appeal from a judgment'of the Appellate Division of the Supreme Court in the third judicial department, entered January 9, 1911, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover for damage to certain merchandise stored in defendant’s warehouse alleged to have been occasioned through defendant’s negligence.
    
      Neile F. Towner for appellant.
    
      Frank II. Brown for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Haight, Vann, Willard Bartlett, Hiscock, Chase and Collin, JJ.  