Appellate Division of the Supreme Court of New York, 1901

Marcellus Electric Railroad v. Parsons

Marcellus Electric Railroad v. Parsons
Appellate Division of the Supreme Court of New York · Decided May 21, 1901
70 N.Y.S. 1144 (New York Supplement)
Marcellus Electric Railroad v. Parsons

Opinion of the Court

PER CURIAM.

Ordered that said order of the special term of the supreme court, granted March 2, 1901, vacating and setting aside the report and award of the commissioners herein, be modified as follows: By directing that rehearing of said matter he had before George Talcott and Oscar F. Austin, two of the commissioners who joined in said report, and one other disinterested and competent freeholder, to be appointed by the court in the place of William J. McClusky, in compliance with section 3396 of the Code of Civil Procedure, and further modifying said order by striking out that part thereof which provides “that the testimony in said matter * * * be referred back to said commissioners for their correction and revision,” and, as thus modified, affirmed, with $10 costs and disbursements.

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