Albany Northern Railroad v. Lansing
New York Supreme Court
- This-, was. an Appeal from- the; appraisal and--report, of com-. ■ niissioners, appointed-’pursu&nt.tp the-Tfith,section of'the. general railroad act. (a) The route of the plaintiffs’ road runs through the defendant’s land. The quantity taken was 60-100 of an acre. The commissioners awarded to the defendant $450. Upon the hearing, the counsel for Mr. Lansing claimed the right to open and close the argument, hut the commissioners refused to allow him this privilege.
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- This-, was. an Appeal from- the; appraisal and--report, of com-. ■ niissioners, appointed-’pursu&nt.tp the-Tfith,section of'the. general railroad act. (a) The route of the plaintiffs’ road runs through the defendant’s land. The quantity taken was 60-100 of an acre. The commissioners awarded to the defendant $450. Upon the hearing, the counsel for Mr. Lansing claimed the right to open and close the argument, hut the commissioners refused to allow him this privilege. Ho also offered to prove that the land not taken would be greatly depreciated in its market value, by reason of the part taken…
1Opinion of the Court
By the Court, Harris, J.
The commissioners were required “ to view the premises and hear the proofs and allegations of the parties.” Having done this, they were required, without any unnecessary delay, to proceed to determine the compensation, &c. The order in which they -would proceed in the discharge of this duty was a matter wholly within their discretion. They might not omit to hear the proofs and allegations of the parties, but whether they would hear these before or after viewing the premises, it was for them to decide. So, whether one party or the other should be first heard, was for…
2Cited by11 opinions
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
- Henderson v. New York Central RailroadNew York Court of Appeals · 1879
- Central States Southeast and Southwest Areas Pension Fund and Daniel J. Shannon v. Kraftco, Inc., D/B/A Sealtest Foods Division, Kraft, Inc. v. Local Union 327, Teamsters, Chauffeurs, Helpers and Taxicab Drivers, DefendantCourt of Appeals for the Sixth Circuit · 1986
- Indiana, Bloomington & Western Railway Co. v. CookIndiana Supreme Court · 1885
- In re the appraisal of the compensation to be made by the Utica, Chenango & Susquehanna Valley RailroadNew York Supreme Court · 1868
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