In re Rogers Avenue
New York Supreme Court
Proceedings to open Rogers avenue in the town of Flatbush. The commissioners made a report awarding compensation for the land taken, and assessing the property liable therefor, and move for its confirmation.
1Opinion of the CourtCullen, J.
The report of the commissioners of estimate and appraisement, so far as matters of fact are involved, is viewed with the same favor as the verdict of a jury. To impeach it, it must affirmatively and clearly be shown to be against the evidence. In re Furman St., 17 Wend. 649; In re John and Cherry Sts., 19 Wend. 659. Here such fact does not appear, and therefore the court will only review the principles or rules upon which the commissioners act.
As to the assessment, I can find no error. The statute limits the district of assessment to the center of the block between the street opened and the…
2Cases cited7 opinions
- Matter of Application of JacobsNew York Court of Appeals · 1885
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- In the Matter, Etc., Village of MiddletownNew York Court of Appeals · 1880
- In re JohnNew York Supreme Court · 1839
- Menges v. . City of AlbanyNew York Court of Appeals · 1874
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3Cited by5 opinions
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1930
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- German-American Real Estate Title Guarantee Co. v. MeyersAppellate Division of the Supreme Court of the State of New York · 1898
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
- In re City of New YorkNew York Supreme Court · 1902