
    In the Matter of the Application of William L. Mitchell, Respondent, to Lay Out a Highway in the Town of Ithaca, Appellant. Lehigh Valley Railroad Company, Appellant.
    
      Matter of Mitchell, 85 App. Div. 277, affirmed.
    (Argued January 5, 1904;
    decided January 19, 1904.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 21, 1903, which affirmed an order of the Tompkins County Court confirming the report of commissioners appointed to determine the necessity of a highway and to assess the damages therefor.
    
      Myron JT. Tompkins for Town of Ithaca, appellant.
    
      F. F. Tibbetts for Lehigh Valley Railroad Company, appellant.
    
      James L. Baker and Samuel I). Uallitlay for respondent.
   Order affirmed, with costs; no opinion.

Concur: Parker, Oh. J., Bartlett, Martin, Vann, Cullen and Werner, JJ. Absent: O’Brien, J.  