Castle Heights Water Co. v. Price
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles R. Price and another, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Westchester on the 18th day of June, 1915, confirming the report of commissioners of appraisal herein, with notice of an intention to bring up for review an interlocutory judgment entered in said clerk’s office on the 3d day of June, 1914, determining that plaintiff is entitled to take defendants’…
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Appeal by the defendants, Charles R. Price and another, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Westchester on the 18th day of June, 1915, confirming the report of commissioners of appraisal herein, with notice of an intention to bring up for review an interlocutory judgment entered in said clerk’s office on the 3d day of June, 1914, determining that plaintiff is entitled to take defendants’ property and appointing commissioners of appraisal.
1Opinion of the Court
Jenks, P. J.:
The plaintiff, a going water supply corporation, seeks to condemn the fee of a scant 8 acres of land in the town of Green-burgh and within a mile of the former village of White Plains, *688The land is part of the defendants’ farm. It is in a state of nature, unimproved, and about two-thirds of it is bogland. It is adjacent to other lands owned and worked by the plaintiff. The defendants’ appeal is protest against the amount of damages. The general rule as to value is stated by Sewell, J., for the court in Matter of Simmons [Ashokan Reservoir, Sec. No. 7] (130 App. Div. 359; affd.,…
2Cases cited6 opinions
- McGovern v. City of New YorkSupreme Court of the United States · 1913
- Forbell v. . City of New YorkNew York Court of Appeals · 1900
- Kingsland v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1888
- In re SimmonsAppellate Division of the Supreme Court of the State of New York · 1909
- New York Central & Hudson River Railroad v. NewboldAppellate Division of the Supreme Court of the State of New York · 1915
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3Cited by1 opinion
- United States v. Village of Highland FallsCourt of Appeals for the Second Circuit · 1946