In re the City of New York
Appellate Division of the Supreme Court of the State of New York
Separate appeals by George Harold Brady and Ooncetta Butler from parts of an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 7th day of April, 1908, setting aside the awards and report of commissioners as to two parcels of land owned by the appellants and taken by the respondent for the purposes of a dam and reservoir on Croton river under the provisions of chapter 490 of the Laws of…
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Separate appeals by George Harold Brady and Ooncetta Butler from parts of an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 7th day of April, 1908, setting aside the awards and report of commissioners as to two parcels of land owned by the appellants and taken by the respondent for the purposes of a dam and reservoir on Croton river under the provisions of chapter 490 of the Laws of 1883, and amendatory and supplemental statutes, and ordering a new hearing before other commissioners.
1Opinion of the Court
Rich, J.:
Five witnesses were sworn before the commissioners by each side as to values. ¡No objection or exception to their evidence was taken. The award made for parcel ¡No. 69 was $40,490, which was $12,638 less than the average damage testified to by the appellants’ witnesses. The award made for parcel ¡No. 47 was $7,390, which was less by $5,118 than the average damages testified to by appellants’ witnesses. The commissioners had the benefit of their personal view and examination of the property, in addition to the oral testimony, and the fact that the awards made were largely under the…
2Cases cited4 opinions
- Troy & Boston Railroad v. LeeNew York Supreme Court · 1852
- Daly v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
- Matter of ThompsonNew York Court of Appeals · 1890
- In re New York Elevated RailroadNew York Supreme Court · 1890
3Cited by11 opinions
- In re City of RochesterAppellate Division of the Supreme Court of the State of New York · 1932
- Adirondack Power & Light Corp. v. EvansAppellate Division of the Supreme Court of the State of New York · 1929
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1921
- In re Block Bounded By Avenue A and First Avenue, Fifty-Ninth and Sixtieth StreetsNew York Supreme Court · 1910
- In re City of New YorkNew York Supreme Court · 1910
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