Western New York & Pennsylvania Railway Co. v. Rea
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William H. Walker, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 17th day of September, 1902, setting aside the report of the commissioners in condemnation proceedings and directing that a new commission be appointed.
1Opinion of the Court
Hiscock, J.:
These proceedings were instituted by the above-named plaintiff and respondent for the condemnation of certain property situated in the city of Buffalo. The fee of said premises had been owned by the respondent Annar L. Riecke. The defendant Walker was a tenant in possession of a portion of said premises. The commissioners found that the entire value of such portion of said premises was $1,987.50, and that of that sum the defendant Walker for the *577loss of his leasehold interest suffered damages in the amount of $1,440.
We think the damages thus allowed to the latter were excessive,…
2Cases cited2 opinions
- Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
- Town v. NeedhamNew York Court of Chancery · 1831
3Cited by9 opinions
- Hoff v. Royal Metal Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Gleason v. TompkinsNew York Supreme Court · 1975
- Ellis v. SimpsonSupreme Court of Iowa · 1925
- Mitchnik v. BrennanCity of New York Municipal Court · 1936
- Subcarrier Communications, Inc. v. Satra Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2004
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