Brooklyn El. Railroad v. Lewis
New York Supreme Court
Appeal from special term, Kings county. Petition by the Brooklyn Elevated Railroad Company relative to acquiring title to real estate or a right of way over premises owned by Isaac Lewis and others, known as “Parcel No. 17,” on Myrtle avenue, in the city of Brooklyn. From an order setting aside the report of the commissioners, and directing a second appraisal before new commissioners, petitioner appeals.
1Per curiam
It is settled by authority that an award by commissioners will not be set aside for inadequacy or because excessive, unless the award is palpably wrong in either respect. This case cannot be said to present such an aspect, though we might have differed from the commissioners in their determination. The building, a flat house, was erected long after the construction of the railroad. It cost the respondents about $18,500. At the time of the hearing before the commissioners it was fully occupied, at a gross rent of over $1,900 a year. Experts on both sides testified that 10 per cent, of the…
2Cited by13 opinions
- Daly v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
- In re the New York, Westchester & Boston Railway Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Manhattan Railway v. O'SullivanAppellate Division of the Supreme Court of the State of New York · 1896
- Erie Railroad v. StewardAppellate Division of the Supreme Court of the State of New York · 1901
- In re CollisAppellate Division of the Supreme Court of the State of New York · 1902
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