In re New York Elevated Railroad
New York Supreme Court
Appeal from special term. Petition by the New York Elevated Railroad Company for the appointment of commissioners to ascertain and appraise the compensation to be made for property, easements, etc., taken by it for the purposes of its railroad. The petitioner appeals from the award by the commissioners of compensation to Margaret Westervelt, owner of property known as “No. 708 Greenwich Street,” in the city of New York, and from the order confirming their report.
1Opinion of the CourtVan Brunt, P. J.
This appeal seems to be founded upon the assumption that the commissioners could gain no information as to the value of the property to be taken in this proceeding by viewing the premises. It is conceded that in appraising the value of lands a view may be of the utmost importance; but it is claimed that in estimating the consequential damages resulting from the taking of an intangible right, which the defendants claim to be of no intrinsic value in itself, a view can be of but slight assistance, and the main reliance must be upon an investigation of the past effects of the taking, as shown by…
2Cited by3 opinions
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
- Village of Port Henry v. KidderAppellate Division of the Supreme Court of the State of New York · 1899
- Rochester & Honcoye Valley Railroad v. MyersNew York Supreme Court · 1892