
    Edwin L. Thornton, Respondent, v. The City of Auburn, Appellant.
    
      Thornton v. City of Auburn, 107 App. Div. 621, affirmed.
    (Argued January 15, 1907;
    decided February 1, 1907.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 19,1905, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action • to recover for the alleged diversion of water from a stream flowing across plaintiff’s land.
    
      William S. Elder for appellant.
    
      Charles F. Lyon for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Vann, Werner and Chase, JJ. Not sitting: Hiscock, J.  