Opinion
December, 1908.
Order reversed and report of commissioners vacated and set aside and a rehearing ordered before new commissioners, with costs to abide event, upon the opinion of Williams, J., in Matter of Johns v. Village of Salamanca ( ante, p. 717), decided at this term of court; separate memorandum by Williams, J.; Spring and Robson, JJ., concurred in result upon the grounds stated in memorandum by Spring, J., in that case; Kruse, J., voted for reversing the order of the Special Term and confirming the report of the commissioners upon the grounds stated in his opinion in that case; McLennan, P.J., voted for affirmance.