
    Malone, Fort Covington and Hopkins Point Railroad Company, Appellant, v. Spuyten Duyvil Construction Company et al., Respondents.
    
      Malone, Fort Covington & Hopkins Point R. R. Co. v. Spuyten Duyvil Constr. Co., 143 App. Div. 972, affirmed.
    (Argued December 11, 1912;
    decided December 31, 1912.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 1, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for alleged injury to plaintiff’s railroad way from acts of the defendants in constructing a state road.
    
      
      John P. Bellas for appellant.
    
      Earl W. Scripter, Harry S. Patten, James E. Duross and Arthur S. Hogue for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Chase and Collin, JJ. Not voting: Hiscock, J.  