
    In the Matter of the Application of the New York, Lackawanna and Western Railroad Company, Appellant, to Acquire a Crossing of the Buffalo, New York and Erie Railroad Company and the New York Lake Erie and Western Railroad Company, over their Railroads in the Town of Erwin, Respondents.
   Order reversed and proceedings remitted to the Special Term for the exercise of its discretion, with ten dollars costs and disbursements. Held, that the Special Term erred in denying the application on the ground of the want of power.  