Matter of N.Y. Municipal Ry. Corp. v. . Weber
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the' second judicial department, entered August 24, 1917, which modified and affirmed as modified an order of Special Term confirming the award of commissioners in condemnation proceedings. The facts, so far as material, are stated in the opinion.
1Per curiam
This was a condemnation proceeding instituted to acquire title to a small piece of land belonging to the defendant Joseph A. Walsh. The land to be acquired was a part of a larger tract. The commissioners of appraisal duly made their report fixing the value of the land taken and the damage done to the remainder of the tract. This report was confirmed at the Special Term. On appeal, the Appellate Division modified the report by striking out altogether the damages awarded to the defendant.
This left the defendant without any compensation at all for the taking of his property or for his damages.…
2Cases cited2 opinions
- South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
- Conklin v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1886
3Cited by6 opinions
- Adamo v. StateAppellate Division of the Supreme Court of the State of New York · 1932
- DIV. OF ADMIN., STATE DEPT. OF TRANSP. v. JirikDistrict Court of Appeal of Florida · 1985
- In re Village of Port Byron, New York County Courts1930
- Town of Nichols v. ParkAppellate Division of the Supreme Court of the State of New York · 1924
- In re Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1939
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