
    TERMINAL RY. CO. OF BUFFALO, Appellant, v. AST et al., Respondents.
    (Supreme Court, Appellate Division, Fourth Department.
    July 7, 1908.)
    Action by the Terminal Railway Company of Buffalo against John H. Ast and others.
   PER CURIAM.

Order confirming report of commissioners reversed, report of commissioners set aside, and rehearing ordered before a new commission to be appointed by the Special Term; costs to abide the ultimate award of costs in the proceeding. Held, that incompetent evidence on the question of damages was received by the commissioners and that the damages were excessive.

McLennan, P. j., and ROBSON, j.,

dissent, and vote for affirmance.  