Viele v. Troy & Boston Rail Road
New York Supreme Court
APPEAL from a judgment of the circuit court. The de-. fondants’ rail road having been located over the lands of the plaintiffs, and the parties not being able to agree upon the compensation to be paid for the lands required for the purposes of the road, in January, 1851, entered into an agreement nominating and appointing three persons, (or any two of them,) appraisers to ascertain, appraise and determine the compensation to be paid to the plaintiffs for the lands required…
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APPEAL from a judgment of the circuit court. The de-. fondants’ rail road having been located over the lands of the plaintiffs, and the parties not being able to agree upon the compensation to be paid for the lands required for the purposes of the road, in January, 1851, entered into an agreement nominating and appointing three persons, (or any two of them,) appraisers to ascertain, appraise and determine the compensation to be paid to the plaintiffs for the lands required by the defendants for the use of the road, and also all damages and costs sustained and to be sustained in consequence of…
1Opinion of the Court
By the Court, Weight, J.
Being unable to agree for the purchase of real estate from the plaintiffs, required for the purposes of.the defendants’ incorporation, and instead of instituting the proceedings prescribed by the rail road act to acquire title, the parties mutually agreed to submit the question to three persons to determine the amount of compensation to be made to the plaintiffs. As no title could be acquired by the award of the arbitrators, it was further agreed, that they should notify the respective parties of their determination within a specified time, and that within ten days…
2Cases cited2 opinions
- Brown v. Haff & LyonNew York Court of Chancery · 1835
- Van Cortlandt v. UnderhillCourt for the Trial of Impeachments and Correction of Errors · 1819
3Cited by11 opinions
- Greenwood v. ClineOregon Supreme Court · 1879
- Losee v. MoreyNew York Supreme Court · 1865
- Quinn v. RoathSupreme Court of Connecticut · 1870
- Cleveland v. BurrillNew York Supreme Court · 1857
- Barrett v. MinerNew York Supreme Court · 1922
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