New York Court of Common Pleas January 15, 1877 (In re an Unsafe Building)

J. P. Daly, J.—[After stating the facts.]

It is provided by the act (§ 37) that the report of survey shall constitute the issue to be tried by the court; that is to say, that the truth or falsity of the report shall be inquired into and the necessity for the proposed repairs determined.