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In re the Brooklyn Elevated R. R. Co.

90 N.Y. Sup. Ct. 613 Court N.Y. Gen. Term English

Judges Brown, P. J., and Cullen, J., concurred.

Delivered by Dykman, J.:

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p. 613
In the Matter of the Petition of the Brooklyn Elevated R. R. Company, Relative to Acquiring Title to Real Estate, etc., in Lexington Avenue, Brooklyn. (Lands of Douglass.)

— Final order affirmed, with costs.—

It does not appear in this case that any erroneous principle of law was adopted by the commissioners in making their award or that any allowance was made for noise. It is not usual for' an appellate court to interfere with awards of commissioners upon the question of damages merely and we find no reason for such interference in this case. The order should be affirmed, with ten dollars costs and disbursements.

Brown, P. J., and Cullen, J., concurred.