Majority
p. 880In the Matter of the Application of the Grade Crossing and Terminal Station Commission of the City of Buffalo for the Appointment of Commissioners to Ascertain the Compensation to Be Paid to the Owners of, etc., Lands in the City of Buffalo, Claimed to Be Injured by the Change of Grade of Colvin Street, and Claimed to Be Owned by James L. Caldwell and Others. (Proceeding No. 136.)
Order affirmed, with costs, on the ground that the grade crossing existed in this case on the 1st day of January, 1926, and the remedy for the recovery of damages under section 4r-a of the Grade Crossing Act,* added by chapter 844 of the Laws of 1926 and amending statutes, was exclusive. All concur.