BROOKLYN UNION ELEVATED RAILROAD CO. v. VALANCE

GAYNOR, J.:

The respondent has a retaining wall 8 feet wide at the base and 2 feet at the top along its sunken railroad right of way against the appellants' land. The base of such wall was one foot over on the appellants' land, and this proceeding was begun to acquire the strip encroached upon. After appearing, the appellants allowed judgment to be taken by default. A motion was afterwards made by the respondent while the commissioners were still sitting to correct the description in the petition and judgment. The introductory words of such description, and the map referred to in it, which exhibited the wall, showed the strip one foot wide to be taken, but in the description by metes and bounds the lines were not run correctly. The correction asked for was only of a clerical error, and the court was authorized to make it (Code Civ. Pro. §§ 723, 3368).

The order should be affirmed.

WOODWARD, JENKS, RICH and MILLER, JJ., concurred.

Order affirmed, with ten dollars costs and disbursements.