In re City of New York

Finch, J. (dissenting):

While agreeing with the majority of the court as to the rules of law applicable, yet it seems to me that there was a question of fact presented to the commissioners which they were in a better position to determine, and which they have carefully and deliberately determined, and there is ample evidence to support their finding. Machinery which is affixed to a building is a part thereof, and hence the issue of fact was the amount of damage to the buildings including the machinery which was a part thereof, caused by the change of grade. The appellants’ property prior to…