In re Brooklyn Union Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
In condemnation proceedings by the Brooklyn Union Elevated Railroad Company relative to acquiring title to real estate on right of way on Crescent street, Myrtle avenue, and other streets in the borough of Brooklyn and Kings county in the city of New Yoyk. A. Am Stein and another appeal. Reversed, and plaintiff moved for leave to appeal to the Court of Appeals on certified questions of' law.
1Per curiam
This is a condemnation proceeding, in which the Appellate Division reversed a final order confirming the report of the commissioners, and directed a new appraisal. The reversal was based solely on the ground that the amount of the award was insufficient. Matter of Brooklyn Union Elevated R. R. Co., 95 App. Div. 108, 88 N. Y. Supp. 426. The determination of this court rested wholly upon the proposition that the commissioners had erred upon a question of fact, to wit, the amount of damage, suffered by the property owners. We did not pass upon any controverted question of law whatever. Under…
2Cases cited1 opinion
- In re Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1904