Appellate Division of the Supreme Court of New York, 1908

Johns v. Village of Salamanca

Appellate Division of the Supreme Court of New York · Decided December 2, 1908 · Robson, Spring

114 N.Y.S. 712 (New York Supplement)

Counsel

Frank H. Callan, for appellant., Geo. H. Ansley, for respondent Village of Salamanca., Thos. H. Dowd, for respondent Erie R. Co.

Opinion of the Court

PER CURIAM.

Order reversed, and report of commissioners vacated and set aside, and a rehearing ordered before new commissioners, with costs to abide the event, upon the opinion of WILLIAMS, J., in matter of claim of Augusta Johns against same defendants, decided at this term of court (114 N. Y. Supp. 707).

Concurring Opinion

SPRING and ROBSON, JJ.,

concur in result upon the grounds stated in memorandum by SPRING, J., in that case. KRUSE, J., votes for reversing the order of the Special Term and confirming the report of the commissioners, upon the grounds stated in his opinion in that case. MCLENNAN, P. J., votes for affirmance.

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