Viele v. . the Troy and Boston Railroad Company
New York Court of Appeals
Appeal from the Supreme Court. Action for a specific performance of a contract. The trial was before Mr. Justice W. F. Allen, without jury, and these facts were proved: The defendant" located its road upon the plaintiff’s land, and its workmen having entered thereon, and being warned by the plaintiffs to keep off until they got their pay for the land, desisted from their . operations.
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Appeal from the Supreme Court. Action for a specific performance of a contract. The trial was before Mr. Justice W. F. Allen, without jury, and these facts were proved: The defendant" located its road upon the plaintiff’s land, and its workmen having entered thereon, and being warned by the plaintiffs to keep off until they got their pay for the land, desisted from their . operations. Immediately thereafter the parties entered into an agreement that the damages from the appropriation of the land to use for a railroad should be determined by three appraisers named in the agreement: that within…
1Dissent
Grover, J. (Dissenting.)
There was no special finding of facts by the judge before whom this cause was tried at special term, nor by the general term of the Supreme Court. The bill of exceptions contains some evidence tending to show that improper motives were entertained by one of the appraisers, and that he might have acted improperly in making the appraisal. The court below, having given judgment for the plaintiffs, must be presumed to have found that there was no improper conduct by the appraisers in making their award. • This determination, being upon a question of fact, cannot be…
2Cases cited5 opinions
- Brown v. Haff & LyonNew York Court of Chancery · 1835
- Cox v. JaggerNew York Supreme Court · 1824
- Smedberg v. MoreNew York Supreme Court · 1841
- Bacon v. WilberNew York Supreme Court · 1823
- Schermerhorn v. HullNew York Supreme Court · 1816