Legal Opinion

In re Application & Petition of Daly

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 14 opinions

Appeals by the claimants, George R. Cole and others, from an order of the Supreme Court, made at Dutchess County Special Term and entered in the office of the clerk of the county of Putnam on the 9th day of June, 1900, reversing and setting aside the fourth separate report of the commissioners of appraisal herein in certain respects.

1Opinion of the Court

Per Curiam :

Upon carefully considering this case a second time, after the reargument which has been had, we are not prepared to say that the learned judge at Special Term erred in setting aside the report of the commissioners herein, so far as it affects the property of the appellants Cole.

The principal portion of the award, amounting to $36,990, was directed to be paid to the owners of what is known as the Coles Parcel, Ho. 64, “ for the rights of milling, all rights of pondage and all rights to raise and lower the waters of Lake Gleneida.”

Two kinds of evidence were received by the…

2Cases cited2 opinions

  1. City of Syracuse v. . StaceyNew York Court of Appeals · 1901
  2. In re GilroyNew York Supreme Court · 1895

3Cited by14 opinions

  1. In re SimmonsAppellate Division of the Supreme Court of the State of New York · 1909
  2. In re the New York, Westchester & Boston Railway Co.Appellate Division of the Supreme Court of the State of New York · 1912
  3. In re SimmonsNew York Supreme Court · 1908
  4. Matter of DalyNew York Court of Appeals · 1907
  5. Tracy v. City of Mt. PleasantSupreme Court of Iowa · 1914

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