ground of fraud, alleged to have been perpetrated by the respondent in procuring the settlement.

A careful examination of the record fails to disclose any errors of law. The conclusions of fact reached by the learned trial judge are fully supported by the evidence and the judg ment should not be disturbed.

Judgment affirmed, with costs to respondent.

MCADAM, J., concurs.

Judgment affirmed, with costs

JOHN MCCLAVE, Respondent, v. JOHN GIBB, Appellant.

APPEAL by defendant from judgment directed at Equity Term.

Wm. B. Ellison, for appellant.

Parsons, Shepard & Ogden, for respondent.

Per Curiam. The findings of fact and conclusions of law find support in the record, which discloses no error requiring a new trial.

The judgment must, therefore, be affirmed, with costs.
Present: FREEDMAN and MCADAM, JJ.
Judgment affirmed, with costs.

ELIZABETH BURKHARDT, Respondent, v. THE NEW YORK ELEVATED RAILROAD Co. et al., Appellants.

APPEAL by defendants from a judgment entered upon a decision of the issues at the Equity Term.

Julien T. Davies and Geo. T. Aldrich, for appellants.

E. W. Tyler and Edward A. Hibbard, for respondent.

Per Curiam. The judgment should be affirmed, with costs.

Present: FREEDMAN and MCADAM, JJ.
Judgment affirmed, with costs.

THE FIRST NATIONAL BANK of Paterson, N. Y. Appellant, v. SETH M. TUTTLE, as Alleged Substituted Trustee, Impleaded, Respondent.

APPEAL from order directing plaintiff to furnish bill of particulars.

Preston Stevenson, for appellant.

G. E. Waldo, for respondent.

Per Curiam. The order should be affirmed, with ten dollars costs and disbursements.

Present: FREEDMAN and DUGRO, JJ.

Order affirmed, with ten dollars costs and disbursements.

DANIEL FOSTER, Respondent, v. WALTER W. HOOKER, Impleaded, Appellant.

APPEAL by defendant Hooker from order enjoining him during the pendancy of the action from using certain trade marks.

Abram F. Servin and Alfred Ely, for appellant

Abram Kling, for respondent.

Per Curiam. The order should be affirmed, with ten dollars costs and disbursements.

Present: FREEDMAN and MCADAM, JJ.

Order affirmed, with ten dollars costs and disbursements.

87

CITY COURT OF BROOKLYN-GENERAL TERM,

DECEMBER, 1895.

WILLIAM H. JONES, as Administrator, Respondent, v. THE BROOKLYN HEIGHTS RAILROAD Co., Appellant.

APPEAL from judgment in favor of plaintiff, entered upon a verdict, and from order denying motion for a new trial.

Morris & Whitehouse (Almet F. Jenks, of counsel), for appellant.

Baldwin F. Strauss, for respondent.

Per Curiam. Action to recover damages for negligently causing the death of plaintiff's intestate, a child four years of age. Plaintiff had a verdict, and defendant appeals from the judgment entered thereon and the order denying motion for a new trial.

The learned counsel for the appellant contends that the motion to dismiss the complaint should have been granted, on the grounds, first, that plaintiff failed to prove any negligence on the part of defendant's servants, and, second, that plaintiff failed to prove freedom from contributory negligence on the part of the parents of the deceased child.

On a previous appeal in this case (10 Misc. Rep. 543) this court held, on substantially the same evidence on the part of the plaintiff, that neither of these points was well taken. A careful examination of the evidence adduced on behalf of the defendant on this trial affords no ground for altering the former decision. The questions as to negligence of defendant and freedom from contributory negligence on the part of the child's parents were properly left to the jury to decide, and the verdict is well sustained by the evidence.

Judgment and order denying motion for a new trial affirmed, with costs.

Present: OSBORNE and VAN WYCK, JJ.
Judgment and order affirmed, with costs.

VINCENZO VUZZo, Appellant, v. THE BROOKLYN HEIGHTS RAILROAD COMPANY, Respondent.

MOTION for reargument.

Alfred C. Cowan, for appellant.

Morris & Whitehouse, for respondent.

Per Curiam. We have carefully read the record in this case, and conclude that the complaint was properly dismissed, on the ground that the plaintiff himself was careless and negligent.

Motion for reargument denied, without costs.

Present: CLEMENT, Ch. J., and OSBORNE, J.
Motion denied, without costs.

CITY COURT OF NEW YORK-GENERAL TERM, OCTOBER, 1895.

RICHARD T. IRWIN, Respondent, v. MARCIA A. HAINES, Appellant.

APPEAL from order opening default.

D. M. Neuberger for appellant.

J. B. Hands, for respondent.

CONLAN, J. Apppeal from an order opening a default. Order affirmed, with costs. See Smith v. Fogarty, 6 Civ. Proc. Rep. 366.

FITZSIMONS, J., concurs.

Order affirmed, with costs.

PANDIA C. RALLI et al., Respondents, v. GEORGE R. HILLYER,

Appellant.

APPEAL from judgment sustaining demurrer.

Wm. C. Beecher, for appellant.

Charles Wehle, for respondents.

CONLAN, J. Appeal from a judgment sustaining a demurrer. The case of Knorr v. Bates, 33 N. Y. Supp. 691, is an authority on the question presented by the demurrer and binding upon this court, notwithstanding the more liberal view taken by Judge INGRAHAM in Leitner v. Beecher.

Demurrer sustained, with costs.

FITZSIMONS, J., concurs.

Order affirmed, with costs.

CITY COURT OF NEW YORK-GENERAL TERM, NOVEMBER, 1895.

PANDIA C. RALLI et al., Respondents, v. THE EQUITABLE MUTUAL FIRE INSURANCE CO., Appellant.

APPEAL from judgment in favor of plaintiff.

Alex. S. Bacon, for appellant.

Charles Wehle, for respondents.

Per Curiam. The judgment is modified so as to allow defendant to withdraw demurrer and serve answer within six days upon payment of seventy-five dollars and eighty-three cents, the costs taxed below, provided that defendant secures plaintiffs' recovery by undertaking with two sureties and as so modified affirmed, without costs.

Present: VAN WYCK, Ch. J., and MCCARTHY, J.

Judgment modified, and as modified affirmed, without costs.