In re Application of Terminal Railway
Appellate Division of the Supreme Court of the State of New York
Appeal by Philip Bommer from an order of the Supreme Court,■ made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 2d day of February, 1891, setting aside the report of the commissioners appointed in a proceeding to ascertain and appraise the compensation which ought to be made by the Terminal Railway of Buffalo, the plaintiff named in said proceeding, to Philip Bommer ei al., the persons named in said proceeding, to whom the…
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Appeal by Philip Bommer from an order of the Supreme Court,■ made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 2d day of February, 1891, setting aside the report of the commissioners appointed in a proceeding to ascertain and appraise the compensation which ought to be made by the Terminal Railway of Buffalo, the plaintiff named in said proceeding, to Philip Bommer ei al., the persons named in said proceeding, to whom the compensation was to be paid as owners of, or parties interested in, the lands and real estate described in said proceeding.
1Opinion of the Court
Order affirmed on the opinion of Laughlin, J., delivered at Special Term, with ten dollars costs.
All concurred
*516The following is the opinion of Laughlin, J".:
Laughlin, J.:
The petitioner in this proceeding, after the report of the commissioners had been filed, made a motion to set aside the report on the ground that Commissioner Walker was not disinterested "and was guilty of misconduct. The motion was denied upon the ground that the facts failed to show any misconduct on the part of the commissioner and that the facts with respect to the claim that he was not disinterested were not .…
2Cited by7 opinions
- In re the Town of GuilfordAppellate Division of the Supreme Court of the State of New York · 1903
- Guilford v. BradburyAppellate Division of the Supreme Court of the State of New York · 1903
- Sheehy v. Town of HamburgNew York Supreme Court · 1928
- Terminal Railway of Buffalo v. GerbereuxNew York Supreme Court · 1907
- City of Glen Cove v. Utilities & Industries Corp.Appellate Division of the Supreme Court of the State of New York · 1963
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