
    Richard J. Rogers, Appellant, v. Village of Attica, Respondent.
    (Argued April 29, 1907;
    decided May 21, 1907.)
    
      Rogers v. Village of Attica, 113 App. Div. 603, affirmed.
    Appeal from a judgment of the Ajipellate Division of the Supreme Court in the fourth judicial department, entered May 10, 1906, affirming a judgment in favor of defendant entered upon the report of a referee in an action to restrain the defendant from changing the grade of a street.
    
      Russell J. Slone for appellant.
    
      Elmer E. Charles and Willis E. Iloplcins for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Cray, O’Brien, Vann, Werner, Willard Bartlett and Chase, JJ.  