
    Isaac E. Smith, Appellant, v. The Village of Fort Plain, Respondent.
    (Argued April 18, 1907;
    decided May 7, 1907.)
    
      Smith v. Village of Fort Plain, 112 App. Div. 907, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 21, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury in an action to restrain the diversion of the waters of a stream and for damages.
    
      Andrew J. Nellis for appellant.
    
      Joseph I. Moore and II. M. Eldredge for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscock, JJ.  