Terminal Railway of Buffalo v. Gerbereux
New York Supreme Court
Motion to set aside report of commissioners upon the ground that the commissioner John 0. Grezinger was not a disinterested person and was disqualified.
1Opinion of the CourtPound, J.
The rule has been laid down broadly in this department that “it is better that a rehearing be had than that the decision of the commissioners should remain in any degree open to the charge of partiality or favor.”' Spring, J., in R. S. & E. R. R. Co. v. Tolan, 116 App. Div. 696.
The charge of partiality or favor is made here against John C. Grezinger, one of the commissioners, and the question is: Do his relations with the plaintiff or its attorneys, or his conduct on the hearing, leave him “in any degree open to the charge,” either in law or in fact ? The charge of bias may easily be made,…
2Cases cited2 opinions
- In re Application of Terminal RailwayAppellate Division of the Supreme Court of the State of New York · 1897
- Rochester, Syracuse & Eastern Railroad v. TolanAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- In re the New York, Westchester & Boston Railway Co.Appellate Division of the Supreme Court of the State of New York · 1912
- In re Municipal Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1946