Miller v. . the President of Junction Canal Co.
New York Court of Appeals
Appeal from judgment for the plaintiff upon the decision of a judge without jury, affirmed in General Term of the Supreme Court in the sixth district.
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Appeal from judgment for the plaintiff upon the decision of a judge without jury, affirmed in General Term of the Supreme Court in the sixth district. The action is brought to recover the expenses incurred by John G. Warren (the testator), in certain proceedings had pursuant to the provisions of the charter of the defendant, for the determination of the price to be paid to him for cer tain lands, required for the use of the defendants, for the construction, maintenance, &c., of their canal and the works connected therewith. The ground upon which the recovery was had is, that those proceedings…
1DissentWoodruff, J.
(dissenting.) The act incorporating the defendants (Laws of 1846, chap. 194, § 222), after describing the canal which they are authorized to construct, and authorizing them to purchase and hold lands for the purpose, provides in sections 9 and 10, for the compensation to be made to individuals whose lands may be taken for this public use, or injured by the construction of the canal, whenever the parties cannot agree upon the amount to be paid. Thus: “ It shall be lawful for the parties to appoint three persons impartially to estimate and determine the price to he paid for the same; hut if the…
2Cases cited2 opinions
- Hawley v. HodgeSupreme Court of Vermont · 1835
- Rowley v. YoungU.S. Circuit Court for the District of Connecticut · 1808