Harlem River & Portchester Railroad v. Reynolds
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Harlem River and Portchester Railroad Company, from so much of a final 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 21st day of October, 1899, in condemnation proceedings, as directs “ that compensation shall be made to the said James L. Reynolds, the owner of the said property, by the plaintiff, pursuant to the determination of the said commissioners,…
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Appeal by the plaintiff, The Harlem River and Portchester Railroad Company, from so much of a final 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 21st day of October, 1899, in condemnation proceedings, as directs “ that compensation shall be made to the said James L. Reynolds, the owner of the said property, by the plaintiff, pursuant to the determination of the said commissioners, in the sum of one thousand six hundred and fifty dollars,” and also from so much thereof as directs that, before the…
1Opinion of the Court
Woodward, J.: •
An examination of the record in this proceeding discloses nothing to take this case outside of the rule that an award by commissioners will not be set aside for inadequacy or because excessive unless the award is palpably wrong in either respect. (Matter of Daly v. Smith, 18 App. Div. 194,196, and authorities there cited.) Nor will it be set aside for mere errors in the receipt or exclusion of evidence. To justify the reversal of an award for error of law it must be. made to appear that the commissioners adopted an erroneous principle in estimating the compensation. (Matter of…
2Cases cited3 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
- Board of Water Commissioners v. ShuttsAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by15 opinions
- In re SimmonsAppellate Division of the Supreme Court of the State of New York · 1909
- In re WillcoxAppellate Division of the Supreme Court of the State of New York · 1914
- United States v. Village of Highland FallsCourt of Appeals for the Second Circuit · 1946
- In re the Corp. CounselAppellate Division of the Supreme Court of the State of New York · 1919
- In re The Grade Crossing Commisioners of the City of Buffalo for the Appointment of CommissionersAppellate Division of the Supreme Court of the State of New York · 1924
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