BARTLETT, MARTIN, VANN, CULLEN, and WERNER, JJ., concur. PARKER, C. J., and GRAY, J., not voting.

CHAINLESS CYCLE MFG. CO., Respondent, v. SECURITY INS. CO. OF NEW HAVEN, CONN., Appellant. (Court of Appeals of New York. Oct. 9, 1900.) Motion to dismiss an appeal from a judgment of the appellate division of the supreme court in the Fourth judicial department, entered May 29, 1900 (52 App. Div. 104, 64 N. Y. Supp. 1060), affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The motion was made upon the grounds that the defendant's exceptions are frivolous and that there is no question of law for this court to review. Moses Shire, for the motion. Horace McGuire, opposed. No opinion. Motion denied, with $10 costs.

In re CHASE. (Court of Appeals of New York. Oct. 26, 1900.) William S. Jackson, for appellant. W. B. Simson, for respondent.

PER CURIAM. Order (50 App. Div. 622, 63 N. Y. Supp. 1105) affirmed, with costs. PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, MARTIN, VANN, and LANDON, JJ., concur.

STANISLAUS,

CHURCH OF ST. Respondent, v. VEREIN, Appellant. (Court_of Appeals of New York. Nov. 20, 1900.) Edward C. James, Abram I. Elkus, and David T. Davis, for appellant. George M. Van Hoesen and Denis A. Spellissy, for respondent.

PER CURIAM. Judgment (31 App. Div. 133, 52 N. Y. Supp. 922) affirmed, with costs. PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, MARTIN, VANN, and LANDON, JJ., concur.

CONKLIN, Respondent, JOHN H. WOODBURY DERMATOLOGICAL INSTITUTE, Appellant. (Court of Appeals of New York. Dec. 4, 1900.) Motion to dismiss an appeal from a judgment of the appellate division of the supreme court in the First judicial_department, entered May 22, 1900 (51 App. Div. 638, 64 N. Y. Supp. 608), affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. The motion was made upon the grounds that the action is not appealable to the court of appeals under sections 190 and 191 of the Code of Civil Procedure, that no question of law is involved, that the findings of fact and verdict were unanimously affirmed by the appellate division, and an appeal has not been allowed by the appellate division or by a judge of this court. Putney & Bishop, for the motion. Benjamin Patterson, opposed. No opinion. Motion denied, with $10 costs.

COOPER v. COOPER et al. (Court of Appeals of New York. Oct. 16, 1900.) Franklin Bien, for appellant. Louis Cohen, for respondent, John J. Cooper.

PER CURIAM. Appeal from an order of special term (51 App. Div. 595, 64 N. Y. Supp. 901) directing Peter Eagan, plaintiff's former attorney, to make restitution of $1,440 of an extra allowance erroneously awarded to him, dismissed, with costs.

PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT,' MARTIN, VANN, and LANDON, JJ., concur.

COOPER v. COOPER et al. (Court of Appeals of New York. Oct. 16, 1900.) Franklin

Bien, for appellant. Louis Cohen, for respondents.

PER CURIAM. Appeal from an order of the special term (51 App. Div. 595, 64 N. Y. Supp. 901), reducing the amount of an extra allowance granted to the plaintiff's attorney, dismissed, with costs.

PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, MARTIN, VANN, and LANDON, JJ., concur.

CORCORAN, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant. (Court of Appeals of New York. Oct. 26, 1900.) Purcell, Walker & Burns, for appellant. John N. Carlisle, for respondent.

PER CURIAM. Judgment (25 App. Div. 479, 49 N. Y. Supp. 701) affirmed, with costs. The question whether the statute is violative of the provisions of the constitution has not been considered, for the reason that the question was not raised in the courts below. Purdy v. Railroad Co., 162 N. Y. 42, 56 N. E. 508.

PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, MARTIN, VANN, and LANDON, JJ., concur.

COTTLE et al., Appellants, v. SIMON, Respondent. (Court of Appeals of New York. Oct. 2, 1900.) Edmund P. Cottle, for appellants. Frederick G. Bagley and Simon Fleischmann, for respondent.

PER CURIAM. Judgment (35 App. Div. 632, 55 N. Y. Supp. 1138) affirmed, with costs.

PARKER, C. J., and BARTLETT, VANN, LANDON, and WERNER, JJ., concur. O'BRIEN and CULLEN, JJ., not voting.

CRAWFORD, Respondent, v. MAIL & EXPRESS PUB, CO., Appellant. (Court of Appeals of New York. Oct. 9, 1900.) No opinion. Motion for reargument denied, with $10 costs. See 163 N. Y. 404, 57 N. E. 616.

CROCKER-WHEELER ELECTRIC CO., Appellant, v. JOHNS-PRATT CO., Respondent. (Court of Appeals of New York. Nov. 2, 1900.) Herbert Noble and Howard Hasbrouck, for appellant. William A. Jenner, for respondent.

PER CURIAM. Judgment (29 App. Div. 300, 51 N. Y. Supp. 793) affirmed, with costs.

PARKER, C. J., and GRAY, BARTLETT. MARTIN. VANN, CULLEN, and WERNER, JJ., concur.

In re DEPARTMENT OF PUBLIC PARKS OF CITY OF NEW YORK. In re WILSON. (Court of Appeals of New York. Oct. 16, 1900.) George H. Corey, for appellant. John Whalen, Corp. Counsel (Theodore Connoly and Charles D. Olendorf, of counsel), for respondent.

PER CURIAM. Order (52 App. Div. 630, 65 N. Y. Supp. 1130) affirmed, with costs.

PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, MARTIN, VANN, and LANDON, JJ., concur.

DISBROW, Respondent, v. DISBROW, Appellant, et al. (Court of Appeals of New York. Oct. 2, 1900.) Action by Sarah M. Disbrow against Griffin B. Disbrow and another. From a judgment of the appellate division (52 N. Y. Supp. 471) affirming a judgment for plaintiff, defendant Disbrow appeals. Affirmed. Charles A. Decker and Jacob F. Miller, for appellant. James R. Fancher, for respondent.

PER CURIAM. We do not concur in the strictures passed upon counsel in the opinion at the appellate division; but, as we cannot say that there was no evidence to support the findings to the effect that the execution and delivery of the deed were not the voluntary acts of the plaintiff, but were brought about by undue influence exercised on the part of the defendant, who stood in a confidential relation towards her, we are constrained to affirm the judgment. The judgment should be affirmed, with costs. PARKER, C. J., and O'BRIEN, BARTLETT, VANN, LANDON, CULLEN, and WERNER,

JJ.,

concur.

FLEMING, Respondent, v. HARRISON, Appellant. (Court of Appeals of New York. Oct. 2, 1900.) Wilson & Cobb, for appellant. Han cock, Hogan & Devine, for respondent.

PER CURIAM. Judgment (29 App. Div. 627, 52 N. Y. Supp. 1141) affirmed, with costs.

PARKER, C. J., and O'BRIEN, BARTLETT, HAIGHT, VANN, and CULLEN, JJ., concur. LANDON, J., not sitting.

GALLAGHER et al., Respondents, v. KING STON WATER CO., Appellant. (Court of Ap peals of New York. Nov. 13, 1900.) A. Ť. Clearwater, for appellant. John G. Van Etten, for respondents.

PER CURIAM. Judgment (25 App. Div. 82, 49 N. Y. Supp. 250) affirmed, with costs.

GRAY, O'BRIEN, HAIGHT, CULLEN, and WERNER, JJ., concur. PARKER, C. J., and LANDON, J., not sitting.

In re GRADE-CROSSING COM'RS OF
CITY OF BUFFALO. (Court of Appeals of
New York. Dec. 4, 1900.) Spencer Clinton, for
appellants. John Laughlin, Seward A. Simons,
Niles C. Bartholomew and George L. Kingston,
for respondents.

PER CURIAM. Order (52 App. Div. 27, 64
N. Y. Supp. 769) affirmed, with costs, on opin-
ion below.

PARKER, C. J., and GRAY, O'BRIEN,
HAIGHT, LANDON, CULLEN, and WER-
NER, JJ., concur.

HANNON, Respondent, v. SIEGEL-COOPER
CO., Appellant. (Court of Appeals of New York.
Oct. 9, 1900.) Motion to dismiss an appeal by
permission from a judgment of the appellate
division of the supreme court in the Second
judicial department, entered June 15, 1900 (52
App. Div. 624, 65 N. Y. Supp. 1135), affirming a
judgment in favor of plaintiff entered upon a
verdict, and an order denying a motion for a new
trial. The motion was made upon the grounds
that the order allowing the appeal does not recite
that a question of law is involved which_ought
to be reviewed by the court of appeals, that no
such question is involved, that said order was
granted improvidently and without notice to the
respondent, and that so much of subdivision 2
of section 191 of the Code of Civil Procedure as
authorizes the allowance of an appeal by a judge
of the court of appeals is unconstitutional. Ab-
raham Levy, for the motion. George Putzel,
opposed.

PER CURIAM. The motion is to vacate al-
lowance of an appeal, made ex parte by a judge
of this court, in an action to recover damages
for personal injuries, from a judgment for the
plaintiff, unanimously affirmed by the appellate
division, which had refused to certify that in its

HERBERT et al., Respondents, v. DURYEA,
Appellant. (Court of Appeals of New York.
Nov. 2, 1900.) Reuben Leslie Maynard, for ap-
pellant. Jacob Marks, for respondents.

PER CURIAM. Judgment (34 App. Div. 478,
54 N. Y. Supp. 311) affirmed, with costs.

BARTLETT, MARTIN,' VANN, CULLEN,
and WERNER, JJ., concur. PARKER, C. J.,
and GRAY, J., not voting.

In re HOAGLAND'S ESTATE. (Court of
Appeals of New York. Oct. 16, 1900.) Alex-
ander Thain, for appellant. J. Woolsey Shep-
ard and Charles W. Dayton, for respondents.

PER CURIAM. Order (51 App. Div. 347, 64
N. Y. Supp. 920) affirmed, with costs.

PARKER, C. J., and O'BRIEN, BART-
LETT, HAIGHT, MARTIN, VANN, and LAN-
DON, JJ., concur.

HOFFMAN, Respondent, v. SOLVAY PRO-
CESS CO., Appellant. (Court of Appeals of
New York. Oct. 2, 1900.) Louis L. Waters
and E. J. Page, for appellant. P. J. Ryan,
for respondent.

PER CURIAM. Judgment (29 App. Div.
624, 51 N. Y. Supp. 1143) affirmed, with costs.
PARKER, C. J., and O'BRIEN, BART-
LETT, HAIGHT, VANN, LANDON, and
CULLEN, JJ., concur.

HUBBARD, Respondent, v. CHAPMAN,
Jr., Appellant. (Court of Appeals of New
York. Dec. 4, 1900.) Clarence F. Birdseye,
for appellant. Joseph A. Burr, for respondent.

PER CURIAM. Judgment (34 App. Div. 252,
54 N. Y. Supp. 527) affirmed, with costs.

PARKER, C. J., and O'BRIEN, BART-
LETT, HAIGHT, MARTIN, VANN, and
LANDON, JJ., concur.

HUMMEL, Respondent, v. STERN et al.,
Appellants. (Court of Apppeals of New York.
Nov. 16, 1900.) Henry L. Scheuerman and Her-
bert R. Limburger, for appellants. Bronson
Winthrop, H. L. Stimson, and G. B. Mac-
Comber, for respondent.

PER CURIAM. Judgment (21 App. Div.
544, 48 N. Y. Supp. 528) affirmed, with costs.
PARKER, C. J., and GRAY, O'BRIEN,
HAIGHT, LANDON, CULLEN, and WER-
NER, JJ., concur.

PARKER, C. J., and O'BRIEN, BART-
LETT, HAIGHT, MARTIN, VANN, and
LANDON, JJ., concur.

In re KEEFE'S WILL. (Court of Appeals of
New York. Nov. 20, 1900.) No opinion. Mo-
tion for reargument denied, with $10 costs. See
164 N. Y. 352, 58 N. E. 117.

KEEP et al., Respondents, v. WALSH et
al., Appellants. (Court of Appeals of New
York. Nov. 16, 1900.) P. F. King, for ap-
pellants. E. J. Taylor, for respondents.

PER CURIAM. Judgment (33 App. Div.
643, 54 N. Y. Supp. 1105) affirmed, with costs.
The first two questions certified answered in
the affirmative; the third, in the negative.

PARKER, C. J., and GRAY, O'BRIEN,
HAIGHT, LANDON, CULLEN, and WER-
NER, JJ., concur.

V.

KELLY, Appellant, CONNECTICUT
MUT. LIFE INS. CO., Respondent. (Court of
Appeals of New York. Oct. 30, 1900.) P. C.
Dugan and J. Newton Fiero, for appellant.
Samuel S. Hatt, for respondent.

PER CURIAM. Judgment (17 App. Div.
624, 47 N. Y. Supp. 1138) affirmed, with costs.
O'BRIEN, BARTLETT, HAIGHT, MAR-
TIN, and VANN, JJ., concur. PARKER, C.
J., not voting. LANDON, J., not sitting.

KENDRICK et al., Respondents, v. HAN-
SEN, Appellant. (Court of Appeals of New
York. Dec. 4, 1900.) Wayland F. Ford, for
appellant. John Conboy, for respondents.

PER CURIAM. Judgment (35 App. Div.
631, 55 N. Y. Supp. 1142) affirmed, with costs.
PARKER, C. J., and GRAY, O'BRIEN,
HAIGHT, LANDON, CULLEN, and WER-
NER, JJ., concur.

KETCHAM et al., Appellants, v. NEWMAN
et al., Respondents. (Court of Appeals of New
York. Oct. 23, 1900.) Motion to dismiss an
appeal from a judgment of the appellate divi-
sion of the supreme court in the First judicial
department, entered September 6, 1899 (42 App.
Div. 621, 59 N. Y. Supp. 1108), affirming a
judgment in favor of defendant entered upon
a dismissal of the complaint by the court at
special term. The motion was made upon the
ground that the appeal was not taken within
one year after the final judgment was entered,
and it should, therefore, be dismissed, under
section 1325 of the Code of Civil Procedure.
Gordon M. Buck, for the motion. No opinion.
Motion granted, and appeal dismissed, with
costs.

KOEHNE, Respondent,, v. NEW YORK &
QUEENS CO. RY. CO., Appellant. (Court of
Appeals of New York. Nov. 27, 1900.) Action
by Minnie Koehne against the New York &
Queens County Railway Company. From a
judgment for plaintiff, affirmed by the appellate
division (52 N. Y. Supp. 1088), defendant ap-
peals. Affirmed. William E. Stewart, for ap-
pellant. Byron P. Stratton and Elmer G.
Story, for respondent.

MARTIN, J. This appeal cannot be sustain-
ed upon the theory that the previously existing
law as to the degree of care required of car-
riers to insure the safety of their passengers
has been changed by the decision in the Stierle
Case (156 N. Y. 70, 684, 50 N. E. 419, 834),
for no such change was made or intended, as is
manifest from the opinion delivered upon the
motion for a reargument, where this court plain-
58 N.E.-69

ly declared that the decision in that case was
not intended to, and did not, effect any such
change; and, as there are no other errors
which would justify a reversal, the judgment
must be affirmed, with costs. Judgment affirm-
ed.

PARKER, C. J., and GRAY, BARTLETT,
VANN, and WERNER, JJ., concur. CULLEN,
J., not sitting.

KRAFT, Respondent, v. PHIPPS, Appellant.
(Court of Appeals of New York. Dec. 4, 1900.)
Frederick W. Holls, for appellant. Ralph E.
Prime, for respondent.

PER CURIAM. Appeal (23 App. Div. 26, 48
N. Y. Supp. 383) withdrawn, on stipulation.

LAIRD, Respondent, v. LITTLEFIELD, Ap-
pellant. (Court of Appeals of New York. Nov.
2, 1900.) Frederick M. Littlefield and George
L. Allen, for appellant. Wood & Morschauser,
for respondent.

PER CURIAM. Judgment (34 App. Div. 43,
53 N. Y. Supp. 1082) affirmed, with costs.

PARKER, C. J., and GRAY, BARTLETT,
MARTIN, VANN, and WERNER, JJ., concur.
CULLEN, J., not sitting.

MCDONALD, Respondent, v. METROPOLI-
TAN LIFE INS. CO., Appellant. (Court of
Appeals of New York. Nov. 20, 1900.) Frank
S. Coburn, for appellant. J. N. Hammond, for
respondent.

PER CURIAM. Judgment (25 App. Div. 631,
50 N. Y. Supp. 1130) affirmed, with costs.

PARKER, C. J., and O'BRIEN, BARTLETT,
HAIGHT, MARTIN, VANN, and LANDON,
JJ., concur.

MCGOWN, Respondent, v. McGOWN, Appel-
lant. (Court of Appeals of New York. Oct. 2,
1900.) L. B. Treadwell and R. W. Darling,
for appellant. Charles Blandy, for respondent.
PER CURIAM. Judgment (19 App. Div. 368,
46 N. Y. Supp. 285) affirmed, with costs.

PARKER, C. J., and O'BRIEN, BARTLETT,
HAIGHT, VANN, LANDON, and CULLEN,
JJ., concur.

MAHONEY, Respondent, v. McCLOUD_et
al., Appellants. (Court of Appeals of New
York. Oct. 2, 1900.) Dean & Horton, for ap-
pellants. S. D. Halliday, for respondent.

PER CURIAM. Judgment (27 App. Div.
631, 50 N. Y. Supp. 1130) affirmed, with costs
PARKER, C. J., and O'BRIEN, BARTLETT,
HAIGHT, VANN, and CULLEN, JJ., concur.
LANDON, J., not sitting.

MANGAM, Appellant, V. PRESIDENT,
ETC., OF VILLAGE OF SING SING, Re
spondent. (Court of Appeals of New York.
Oct. 2, 1900.) Herman Aaron, for appellant.
Smith Lent and John Gibney, for respondent.

PER CURIAM. Judgment (26 App. Div. 464,
50 N. Y. Supp. 647) affirmed, with costs, on
opinion below.

PARKER, C. J., and O'BRIEN, BARTLETT,
HAIGHT, VANN, and LANDON, JJ., concur.
CULLEN, J., not sitting.

MEARNS, Respondent, v. CENTRAL R.
CO. OF NEW JERSEY, Appellant. (Court of
Appeals of New York. Nov. 2, 1900.) No
opinion. Motion for reargument denied, with
$10 costs. See 163 N. Y. 108, 57 N. E. 292.

MYHILL, Respondent, v. BOGARDUS, Ap-
pellant. (Court of Appeals of New York. Oct.
9, 1900.) Motion to dismiss an appeal from a
judgment of the appellate division of the su-
preme court in the Fourth judicial department,
entered June 24, 1897 (19 App. Div. 628, 46
N. Y. Supp. 1097), affirming a judgment in
favor of plaintiff entered upon a verdict, and
an order denying a motion for a new trial.
The motion was made upon the ground that
the decision of the appellate division was unani-
mous; that an appeal has not been allowed by
the appellate division, or by a judge of this
court; that the action was for a personal in-
jury; and that this court has no jurisdiction
to hear the appeal. S. E. Filkins, for the
motion. John G. Milburn and Leon M. Sher-
wood, opposed. No opinion. Motion denied,
with $10 costs.

NATIONAL HARROW CO., Appellant, v.
E. BEMENT & SONS, Respondent. (Court
of Appeals of New York. Oct. 23, 1900.) No
opinion. Motion for reargument denied, with
$10 costs. See 163 N. Y. 505, 57 N. E. 764.

In re NISBET et al., Respondents. (Court
of Appeals of New York. Dec. 4, 1900.)
James M. Hunt, for appellants. Ralph E.
Prime, for respondents.

PER CURIAM. Order (40 App. Div. 611,
57 N. Y. Supp. 551) affirmed, with costs.
PARKER, C. J., and GRAY, O'BRIEN,
HAIGHT, LANDON, and WERNER, JJ.,
concur. CULLEN, J., not sitting.

In re OLMSTEAD. (Court of Appeals of
New York. Oct. 16, 1900.) Charles D. Ridg-
way, for appellant. Henry H. Man, for re-
spondents.

PER CURIAM. Order (52 App. Div. 515,
66 N. Y. Supp. 212) aflirmed, with costs.

PARKER, C. J., and O'BRIEN, BART-
LETT, HAIGHT, MARTIN, VANN, and
LANDON, JJ., concur.

ONONDAGA NATION et al., Appellants, v.
THACHER, Respondent. (Court of Appeals
of New York. Oct. 9, 1900.) Motion to ad-
vance and to correct the record on an appeal
from a judgment of the appellate division of
the supreme court in the Fourth judicial_de-
partment, entered August 7, 1900 (53 App. Div.
561, 65 N. Y. Supp. 1014), affirming a judg-
ment in favor of defendant entered upon a de-
cision of the court at a trial term. The motion
to advance was made upon the ground that the
University of the State of New York was a
party plaintiff, and, it being one of the depart-
ments of the state, the case was entitled to
preference. The motion to correct the return
was made upon the ground that counsel for
appellants had not consented to the filing of a
certain order which had been made part of the
record. Edward Winslow Paige, for the mo-
tion. John A. Delehanty, opposed. No opinion.
Motion to advance denied, without costs. Mo-
tion to correct record denied, without costs.