Motion for the appointment of commissioners'granted, and Paul Grout, Esq., Howard C; Lake, Esq., and William J, Bolger, Esq., appointed commissioners, without prejudice to an action to enjoin the construction and operation of the railroad, if such construction and-operation are in violation of the provisions of any existing statute. Present—Hirschberg, P. J., Jenks, Burr, Rich and Carr, JJ.