
    Mary Y. Durkee, Respondent, v. Retsof Mining Company, Appellant.
    
      Durlceev. Retsof Mining Go., 116 App. Div. 921, affirmed.
    (Submitted October 12, 1908;
    decided November 10, 1908.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 12, 1906, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover for alleged damages to plaintiff’s riparian rights.
    
      Edmonds Putney for appellant.
    
      Erwin E. Shutt and J. H. Egan for respondent.
   Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hisoook, JJ.  