Appellate Division of the Supreme Court of the State of New York December 30, 1908 (In re the City of New York)

Rich, J.:

Five witnesses were sworn before the commissioners by each side as to values. ¡No objection or exception to their evidence was taken. The award made for parcel ¡No. 69 was $40,490, which was $12,638 less than the average damage testified to by the appellants’ witnesses. The award made for parcel ¡No.