
    HART, Respondent, v. GENESEE VALLEY TRUST CO., Appellant.
    (Supreme Court, Appellate Division, Fourth Department.
    March 4, 1914.)
    Action by William A. Hart against the Genesee Valley Trust Company, as executor, etc., of Sarah A. Bygrave, deceased.
   PER CURIAM.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held that, the record being silent as to proof that the river bank is included within the “Bygrave Homestead” contracted for, the trial court erred in submitting the consideration of such river bank to the jury as an element of damage to be considered by them.

FOOTE, J., not sitting.  