Canandaigua & Niagara Falls Railroad v. Payne
New York Supreme Court
Appeal from the appraisal and report of commissioners. The respondent was the owner of four village lots in the village of Tonawanda, two of which were intersected by the line of the appellants’ road. One of these lots fronted northerly on Tremont-street in said village, and in the rear was bounded by an alley. The track of the road passed diagonally through this lot, leaving only a small triangular piece at the northeast and southwest corners of the lot.
Read the full summary
Appeal from the appraisal and report of commissioners. The respondent was the owner of four village lots in the village of Tonawanda, two of which were intersected by the line of the appellants’ road. One of these lots fronted northerly on Tremont-street in said village, and in the rear was bounded by an alley. The track of the road passed diagonally through this lot, leaving only a small triangular piece at the northeast and southwest corners of the lot. The other three lots were bounded northerly by the alley in the rear of the lot first mentioned, and fronted southerly upon Sweeney-street.…
1Opinion of the CourtHarris, J.
The majority of the commissioners have obviously mistaken the duty assigned them. The 15th section of the railroad act authorizes the appointment of commissioners “to ascertain and appraise the compensation to be made to the owners or persons interested in the real estate proposed to be taken, for the purposes of the company.” And the next section requires the commissioners “to ascertain and determine the compensation which ought justly to be made by the company to the party or parties owning or interested in the real estate appraised by them.” Their office was to determine the compensation…
2Cases cited1 opinion
- Troy & Boston Railroad v. LeeNew York Supreme Court · 1852
3Cited by15 opinions
- South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
- A.B.N. Co. v. . N.Y.E.R.R. Co.New York Court of Appeals · 1892
- People v. KerrNew York Supreme Court · 1862
- In re the appraisal of the compensation to be made by the Utica, Chenango & Susquehanna Valley RailroadNew York Supreme Court · 1868
10 more not listed; retrieve them via the Exa API.