
    Albany, Schoharie and Rensselaerville Plank Road Company, Respondent, v. Whitehead Brothers Company, Appellant.
    (Argued December 13, 1911;
    decided January 9, 1912.)
    
      Albany, Schoharie & Rensselaerville P. R. Co. v. Whitehead Brothers Company, 136 App. Div. 902, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 31, 1909, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover from the defendant for the use of plaintiff’s toll road.
    
      Andrew J. Nellis for appellant.
    
      Eugene D. Flanigan for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Cray, Haight, Vann, Willard Bartlett, Hiscock and Collin, JJ.  