In re New York City Ry. Co.

| U.S. Circuit Court for the District of Southern New York | Jun 27, 1911

LACOMBE, Circuit Judge.

While fully concurring in the opinion of the special master as to the nature of this claim, and in liis reasons for disallowing it, I am also clearly of the opinion that there was not sufficient evidence before him to determine whether the claimant would have made any profits at all, had it taken over the contract itself and undertaken to carry it out.

The exceptions are overruled, and report of special master confirmed.