
    In re BOARD OF WATER SUPPLY OF CITY OF NEW YORK.
    (Supreme Court, Appellate Division, Third Department.
    November 11, 1914.)
    In the matter of the application of the Board of Water Supply of the City of New York under section 42, c. 724, Laws "1905, as amended by section 9, c. 314, Laws 1906. Business Damage Commission No. 3; John D. W. Du Mond, claimant.
   PER CURIAM.

Award reversed, upon the ground that the damages are excessive, and new hearing granted, with costs to appellant to abide event, unless the claimant stipulates to reduce the damages to $1,500, in which case the award is so modified, and, as modified, affirmed, without costs.

SMITH, P. J., and HOWARD, J.,

dissent, upon the authority of Matter of New York Water Supply, 211 N. Y. 174, 105 N. E. 213.  