Board of Water Commissioners v. Shutts
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Board of Water Commissioners of the Village of Philmont, New York, from an order of the Supreme Court, made at the Greene Special Term and entered in the office of the clerk of the county of Columbia on the 26th day of June, 1897, sending back to the commissioners appointed ' in condemnation proceedings their report therein, and requiring - them to state whether they found certain things to be facts, and whether in making their award they made…
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Appeal by the plaintiff, The Board of Water Commissioners of the Village of Philmont, New York, from an order of the Supreme Court, made at the Greene Special Term and entered in the office of the clerk of the county of Columbia on the 26th day of June, 1897, sending back to the commissioners appointed ' in condemnation proceedings their report therein, and requiring - them to state whether they found certain things to be facts, and whether in making their award they made any allowance upon account of certain items as to which the owners claimed damages, and, if so, what amount.
1Opinion of the Court
Landon, J.:
The appellant moved at Special Term to confirm the report of the commissioners. The report is regular in form, and the proceedings which led to it were also regular. The report states the amount awarded to each respondent, but does not state the items of the award. The respondents insisted at Special Term that in the absence of any statement in the report of what specific elements of alleged damage the commissioners considered, and upon which of them they made an allowance and how much, and which of them they rejected, and whether they rejected them upon the law or the facts, they…
2Cases cited2 opinions
- In re Brooklyn El. R.New York Supreme Court · 1894
- New York & Erie Rail Road v. Corey & SmithNew York Supreme Court · 1850
3Cited by5 opinions
- Harlem River & Portchester Railroad v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1900
- In re City of New YorkNew York Supreme Court · 1907
- In re Manhattan TerminalNew York Supreme Court · 1909
- Waterford Electric Light, Heat & Power Co. v. ReedAppellate Division of the Supreme Court of the State of New York · 1905
- Waterford Electric Light, Heat & Power Co. v. ReedAppellate Division of the Supreme Court of the State of New York · 1905