Majority
p. 964In the Matter of the Application of the Grade Crossing Commissioners of the City of Buffalo for the Appointment of Commissioners to Ascertain the Compensation to Be Paid to the Owners of, etc., Lands Claimed to Be Injured by Change of Grade, etc., and Claimed to Be Owned by George Urban Milling Company and Others, Respondents. (Proceeding No. 101.) The New York Central and Hudson River Railroad Company and Others, Appellants.
For the reasons stated in the per cúriam memorandum in Proceeding No. 97 (Matter of Grade Crossing Comrs. [In re Barber Asphalt Paving Co.] Proceeding No. 97, ante, p. 956), decided herewith, the order confirming the commissioners’ report is, so far as appealed from, reversed and the report of the commissioners to that extent set aside and a new hearing ordered before new commissioners, with costs to the appellant to abide the final award of costs. All concurred.