
    KINKADE v. LIVE OAK COPPER MINING & SMELTING CO. et al.
    (Supreme Court, Appellate Division, First Department.
    November 24, 1911.)
    Appeal from Special Term, New York County. Action by James F. ICinkade against the Live Oak Copper Mining & Smelting Company, impleaded, etc. From an order granting plaintiff’s motion to resettle findings, etc., defendant appeals. Modified and affirmed.
    Nelson Zabriskie, for appellant.
    J. Aspinwall Hodge, for respondent.
   PER CURIAM.

The order should be modified, by requiring the plaintiff to pay $10 costs of motion and the amount paid by defendant for printing brief for use in this court on appeal from the judgment, and to stipulate to make at his own expense the necessary amendments in the printed case on appeal, and, as so modified, affirmed, with $10 costs and disbursements to the appellant.  