Opinion by
Mr. Justice Williams,This case is ruled by Travers’s Appeal, decided at the present term. The sixth exception to the report should have been sustained by the court below and the report set aside or recommitted, that an assessment of costs and expenses might be made upon the basis pointed out in Bingaman v. The city of Pittsburgh, 29 W. N. 364, 147 Pa. 353.
The decree is set aside at the costs of the appellee and a procedendo awarded.