In the Matter of the Application of the Grade Crossing Commissioners of the City of Buffalo, Respondents, for the Appointment of Commissioners. Agnes Hubbard, Owner, Appellant

In the Matter of the Application of the Grade Crossing Commissioners of the City of Buffalo, Respondents, for the Appointment of Commissioners. Agnes Hubbard, Owner, Appellant. -Buffalo grade- crossing commissions- a -notice of arppeal.from,'its*.decision must-be served* on the railroad company liable for one-half the awa/rd: 'An- -appeal by a property owner from an. order confirming- the report of commissioners óf appraisal, appointed-, ini a proceeding• instituted by the; grade. . crossing, commissioners of the city of Buffalo, will be dismissed,where the appellant has failed to serve a notice of appeal upon a railroad company who appeared before the commissioners of appraisal and who, under a contract ■ with the city of Buffalo, was liable for one-half of the amounts ¡awarded" by • ■ such: commissioners. . Appeal by Agnes .Hubbard, a property owner, from an order of . the Supreme. Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 13th day of July, 1899, confirming the report of commissioners fixing .the amount of damages, and from the appraisal and report so confirmed. • : George Wadsworth, for the. appellant. Bjpencer Clinton, for the respondents. [MAJORITY — Williams, J.:] Williams, J.: The appeal should be dismissed, with costs, unless the appellant perfects her appeal by bringing in the Erie Railroad Company. . The record shows that the “ Erie Railroad Company ” appeared on the application for the appointment of the commissioners,, and, With other parties, consented to' such appointment; that the railroad company appeared Upon the hearings before the commissioners -and. took part in the examination of .witnesses, and the railroad company is liable for one-half the amount awarded by the commissioners for compensation, costs and expenses, the city of Buffalo being liable for ■ the other half, in accordance.- with, contracts entered into between the,city and the railroad company. . Under this condition of things the amount of compensation awarded to the appellant cannot be changed until the- railroad company is first heard. ■ .• ' Tho order appealed from cannot be reversed and a new hearing be ordered until the railroad company is heard in the -appellate court. The railroad company has not been brought into this court by the service upon it of a notice of appeal. Until this is done we cannot consider the appeal, and, if it is not done, we must dismiss the appeal. Our conclusión, therefore, is that the appeal should be dismissed, with costs, unless the appellant perfects her appeal by bringing in the Erie Railroad Company, and this should be done within twenty days after entry of order made by this court. Adams, P. J., McLennan, Spring and Hiscock, JJ., concurred. Appeal dismissed, with costs, unless the appellant perfects her appeal by bringing in the Erie Railroad Company within twenty days after the entry and service of a copy of this order.