Majority
p. 597Fourth Department, January, 1960 (January 13, 1960) Robert B. Johnson et al., Respondents, v. Jane A. Messler, Appellant.
Order affirmed, without costs of this appeal to any party. All concur. (Appeal from an order of Monroe County Court denying defendant’s motion to dismiss the amended complaint in an action for treble damages alleged to have been caused to eight pine trees by horses pastured upon defendant’s property.) Present — Williams, P. J., Goldman, Halpern, McClusky and Henry, JJ.