In re Thompson
New York Supreme Court
In the matter of the petition of Hubert O. Thompson, commissioner, etc., to condemn lands belonging to John Drisler and others, under the aqueduct act, (Laws N. Y. 1883, c. 490.) Defendants appeal from the award of damages assessed by the commissioners.
1Opinion of the CourtCullen, J.
This appeal raises only the question of the adequacy of the award made by the commissioners for appellant’s land. It is not claimed that the commissioners committed legal error in the admission or exclusion of evidence, or in adopting a wrong principle in making their award. The appeal, therefore, presents a question of fact. It is settled by a long and unbroken line of authorities, the award of commissioners will not be set aside for inadequacy, where they have not proceeded upon an erroneous principle, unless the inadequacy is gross. In re William and Anthony Sts., 19 Wend. 694. See, also,…
2Cases cited2 opinions
- In re WilliamNew York Supreme Court · 1839
- In re Central Park ExtensionNew York Supreme Court · 1863