BAUER, Appellant, v. MONTAGUE MAIL ING MACHINERY CO., Respondent. (Supreme Court, Appellate Division, Second DeJune 20, 1913.) Action by Fred partment. Bauer, an infant, by Jacob Bauer, his guardian ad litem, against the Montague Mailing Machinery Company. No opinion. Order reversed on argument, and motion to set aside the dismissal of the complaint granted, and a new Reartrial granted, costs to abide the event. gument and appeal to Court of Appeals denied. See 142 N. Y. Supp. 1108.

BAUER, Appellant, v. MONTAGUE MAILING MACHINERY CO., Respondent. (Supreme Court, Appellate Division, Second Department. June 27, 1913.) Action by Fred Bauer, an infant, etc., by Jacob Bauer, his guardian ad litem against the Montague Mailing Machinery Company.

PER CURIAM. Motion for reargument (of 142 N. Y. Supp. 1108) or for leave to appeal to the Court of Appeals denied. If the defendant feels aggrieved by the erroneous statement as to the act of 1902, no doubt leave will be granted to it at Special Term to serve such amended answer as deemed advisable, without

BECKSTEIN, Respondent, v. CENTRAL STAR LAUNDRY CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. June 11, 1913.) Action by William Beckstein against the Central Star Laundry Company.

PER CURIAM. Judgment and order denying motion for new trial upon the minutes of the court reversed, and a new trial granted, with costs to appellant to abide event. See decision in same case on former appeal, reported at 140 App. Div. 8, 124 N. Y. Supp. 446. KRUSE, P. J., dissents.

BECKSTEIN, Respondent, v. CENTRAL STAR LAUNDRY CO., Appellant. (Supreme Court, Appellate Division, Fourth Department. June 11, 1913.) Action by William Beckstein against the Central Star Laundry Company. No opinion. Order denying motion for new trial upon ground of newly discovered evidence affirmed, without costs.

BEHRMAN, Respondent, v. GETSKAY et al., Appellants. (Supreme Court, Appellate Division, First Department. June 20, 1913.) Action by Samuel Behrman against Isaac M. Getskay and another. M. Shlivek, of New York City, for appellants. J. C. Weschler, of New York City, for respondent. No opinion. Order affirmed, with $10 costs and disbursements. Order filed. See, also, 141 N. Y. Supp.

1109.

BEINER v. GOETZ. (Supreme Court, Appellate Division, First Department. July 11, 1913.) Action by Max Beiner against Louis No opinion. Application denied, E. Goetz. Order signed. See, also, 142 with $10 costs. N. Y. Supp. 530.

BELL v. PRESS PUB. CO. (Supreme Court, Appellate Division, First Department. July 11, 1913.) Action by Josephine D. Bell against No opinion. the Press Publishing Company. Motion granted, unless appellant complies with Order filed. terms stated in order.

BELMONT POWELL HOLDING CO. v. SERIAL BUILDING LOAN & SAVINGS INSTITUTION et al. (Supreme Court, Appellate Division, Second Department. July 25, 1913.) Action by the Belmont Powell Holding Company against the Serial Building Loan & Savings Institution and others.

PER CURIAM. Order, so far as appealed from, reversed, with $10 costs and disburse ments. An issue having been raised by the answer of the defendants the people of the state of New York, such issue became triable according to the provisions of the Code of Civil Procedure and the general rules of practice. The defendants the people of the state of New York were entitled to the notice of trial provid ed by the Code of Civil Procedure, and the action should be placed upon the calendar of the Special Term for the trial of issues of fact

and law.

BENNETT et al., Respondents, v. CAMPBELL et al., Appellants. (Supreme Court, Ap

pellate Division, First Department. May 29, 1913.) Action by Jesse C. Bennett and another against William D. Campbell and others. J. A. Speer, of New York City, for appellants. E. J. Myers, of New York City, for respondents. No opinion. Judgment affirmed, with costs. Order filed.

In re BENSEL et al., Board of Water Supply. (Supreme Court, Appellate Division, Second Department. June 27, 1913.) In the matter of the application and petition of John A. Bensel and others, constituting the Board of Water Supply of the City of New York, to acquire real estate, etc., in the towns of Yorktown and New Castle, Westchester County, etc. No opinion. Motion granted, without costs. Settle order before Mr. Justice Putnam.

BERG, Respondent, v. KEBER, Appellant, et al. (Supreme Court, Appellate Division, First Department. June 20, 1913.) Action by Charles Berg, as executor, against Elizabeth Keber, impleaded with others. E. J. Rowe, of New York City, for appellant. W. Brunner, of New York City, for respondent. No opinion. Judgment (78 Misc. Rep. 468, 138 N. Y. Supp. 358) and order affirmed, with costs. Order filed.

BERNSTEIN, Respondent, v. FRIEND, Appellant. (Supreme Court, Appellate Division, Second Department, July 25, 1913.) Action by Esther Bernstein against Isaac Friend.

PER CURIAM. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs, with leave to plaintiff to serve an amended complaint within 20 days on payment of $10 costs.

In re BLACK. (Supreme Court, Appellate Division, Second Department. June 13, 1913.) In the matter of the application of William Harman Black to examine Daniel J. Sully in proceedings supplementary to execution. No opinion. Order affirmed, with $10 costs and disbursements. See, also, 138 App. Div. 562, 123 N. Y. Supp. 371.

BLAKELY, Respondent, v. BLAKELY, Appellant. (Supreme Court, Appellate Division, Third Department. July 8, 1913.) Action by Julius W. Blakely against Grace R. Blakely. No opinion. Judgment unanimously affirmed.

BLUM v. SCOTTISH UNION & NATIONAL INS. CO. OF EDINBURGH. (Supreme Court, Appellate Division, First Department. July 10, 1913.) Appeal from Special Term, New York County. Action by Max D. Blum against the Scottish Union & National Insurance Company of Edinburgh. From an order compelling defendant to furnish a bill of particulars, it appeals. Order modified and affirmed. Benedict M. Holden, of New York City (Augustus L. Richards, of New York City, of counsel), for appellant. Slade & Slade, of New York City (David Slade, of New York City, of counsel), for respondent.

BRAUN, Respondent, v. MARTIN et al., Appellants. (Supreme Court, Appellate Division, First Department. June 20, 1913.) Action by Rudolph Braun, an infant, against William R. H. Martin and others. J. J. Coughlan, of New York City, for appellants. O. L. Mills, of New York City, for respondent.

PER CURIAM. Judgment and order affirmed, with costs. Order filed.

HOTCHKISS, J., dissents, on Weaver v. Jackson, 153 App. Div. 661, 138 N. Y. Supp.

609.

BRAZIER, Respondent, v. GASTEL et al., Appellants. (Supreme Court, Appellate Division, Second Department. July 25, 1913.) Action by Richard Brazier against Mary Gastel and another. No opinion. Judgment and order of the County Court of Kings county unanimously affirmed, with costs.

BRENGEL, Appellant, v. HICKS et al., Respondents. (Supreme Court, Appellate Division, Second Department. June 20, 1913.) Action by Hedwig Brengel against Edward Hicks and Henry Hicks, copartners, etc.

PER CURIAM. The complaint charges that plaintiff was injured in consequence of the horse which she was driving taking fright at a steam apparatus owned and operated by defendants, and running away, "which was solely due to and solely the result of the negligence of the defendants in the manner in which they were operating and managing said steam apparatus at said time and place in question." It charges negligence of the defendants in that they so operated the steam apparatus as to cause the horse to take fright, and run away, and in this respect is distinguishable from Pagnillo v. Mack P. & C. Co., 142 App. Div. 491, 127 N. Y. Supp. 72, in which case no fact was alleged from which negligence of defendant could even be inferred. While the complaint cannot be commended, it is not so bad as to require judgment against the plaintiff on the pleadings. The order is reversed, with $10 costs and disbursements, and defendants' motion for judgment on the pleadings is denied, with $10 costs.

BRILL et al. v. JEFFERSON BANK. (Supreme Court, Appellate Division, First Department. July 11, 1913.) Action by Maurice Brill and others against the Jefferson Bank. No opinion Application granted. Order signed.

BRITT, Respondent, v. CITY OF NEW YORK, Appellant. (Supreme Court, Appellate Division, Second Department. July 25, 1913.) Action by Bernard Britt against the City of New York.

PER CURIAM. Judgment and order reversed. and new trial granted, costs to abide the event, on the ground that the case went to the

of the injury was the failure of the master to furnish a safe place to work. There was no evidence that plaintiff was engaged at the time of the collapse in using the defective structure The evidence is that he as a place to work. was aiding in the repair of a defective structure. THOMAS and CARR, JJ., dissent.