| NY | Oct 2, 1906

Order affirmed, with costs, on authority of City of Rochester v. Rochester City R.R. Co. (183 N.Y. 99) and of Chicago,Burlington Quincy R.R. Co. v. State of Illinois (decided by U.S. Supreme Court February 19, 1906); no opinion.

Concur: CULLEN, Ch. J., VANN, WERNER, WILLARD BARTLETT, HISCOCK and CHASE, J. Absent: O'BRIEN, J.

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