Lazarus v. Metropolitan Elevated Railway Co.

It was the intention of the court, in exacting the stipulation in question, that it should only preclude the railway company from instituting condemnation proceedings in case the judgment should be finally affirmed, but it would not prevent them from instituting such proceedings in case the judgment was reversed. We therefore see no reason for interfering with the order made, and the same should be affirmed, with $10 costs and disbursements.