Majority
p. 1143In re OCEAN ELECTRIC RY. CO. (Supreme Court, Appellate Division, Second Department. May 9, 1906.)
Headnote
In the matter of the application of the Ocean Electric Railway Company for the appointment of three commissioners, etc.No opinion. The issues raised by the answer of the property owners herein properly should be, and indeed must be, determined before the appointment of commissioners. If the defendant insists upon the issue, a referee will be appointed. Therefore the application will be held open until June 4, 1906.