
    William T. Laing, Respondent, v. Pelton Water Wheel Company, Appellant.
    Reported below, 122 App. Div. 677.
    (Argued March 30, 1908;
    decided April 7, 1908.)
    Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 26, 1907, modifying and affirming as modified a judgment in favor of plaintiff entered upon the report of a referee.
    The motion was made upon the grounds that the decision of the Appellate Division was unanimous; that the findings of fact must be presumed to be supported by the evidence ; that those findings plainly sustain the conclusions of law; that the exceptions are frivolous, and that no question of law reviewable by this court is presented by the record.
    
      Benjamin N. Cardozo for motion.
    
      Frederick E. Anderson opposed.
   Motion denied, with ten dollars costs.  