In the Matter of the Application of the Lake Shore and Michigan Southern Railway Company, Appellant, for the Appointment of Commissioners to Ascertain the Compensation to Be Made to the Owners of and Parties Interested in Certain Lands Situate in the Town of Hanover, County of Chautauqua, and State of New York, and Proposed to Be Taken by the Lake Shore and Michigan Southern Railway Company and Claimed to Be Owned by Ida Dickinson and Others, Respondents

In the Matter of the Application of the Lake Shore and Michigan Southern Railway Company, Appellant, for the Appointment of Commissioners to Ascertain the Compensation to Be Made to the Owners of and Parties Interested in Certain Lands Situate in the Town of Hanover, County of Chautauqua, and State of New York, and Proposed to Be Taken by the Lake Shore and Michigan Southern Railway Company and Claimed to Be Owned by Ida Dickinson and Others, Respondents. [MAJORITY] Order reversed, report of commissioners set aside and matter remitted to the Special Term for the appointment of new commissioners, without costs of this appeal to either party. Held, that in view of the affidavit made by Commissioner Dye he was an improper person to have acted as commissioner. All concurred.