Majority
p. 1088(99 App. Div. 629) In re BROOKLYN UNION ELEVATED R. CO. (Supreme Court, Appellate Division, Second Department. December 15, 1904.)
Headnote
In the matter of the petition of the Brooklyn Union Elevated Railroad Company relative to acquiring title to real estate, etc., on Crescent street, etc., in the borough of Brooklyn, etc., parcel' 61; premises, 271 Myrtle avenue. Lilian Becker and Emily Becker appeal.Final order of confirmation reversed, and a new trial directed before commissioners to be appointed at the Special Term, on the authority of Matter of Brooklyn Union El. R. Co. (A. M. Stein and others, appellants) 95 App. Div. 108 , 88 N. Y. Supp. 426 .
WOODWARD and JENKS, JJ., dissent.