People v. New York, Ontario & Western Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 3d day of July, 1908, upon the dismissal of the complaint by-direction of the court after a trial at the Albany Trial'Term.
1Opinion of the Court
Kellogg, J.:
The action was brought to recover $118,161.66 paid the defendant by virtue of an adjustment made by the special examiners and appraisers under section 1 of chapter 335 of the Laws of 1904, in full compensation for the rights and property of the defendant taken for the barge canal under section 4 of chapter 147 of the Laws of 1903, *478and for the damage caused by such work or improvement. Such examiners are authorized to agree upon a price to be paid by the State and accepted by the owner in full compensation for such specific property or rights, or for the damage caused by such work…
2Cases cited3 opinions
- Kerr v. . W.S.R.R. Co.New York Court of Appeals · 1891
- New York Central & Hudson River Railroad v. StateAppellate Division of the Supreme Court of the State of New York · 1899
- New York Central Hudson River Rd. v. . St. of New YorkNew York Court of Appeals · 1904
3Cited by5 opinions
- Lehigh Valley Railroad v. Canal BoardAppellate Division of the Supreme Court of the State of New York · 1911
- Natcher v. City of Bowling GreenCourt of Appeals of Kentucky (pre-1976) · 1936
- Fulton Light, Heat & Power Co. v. StateNew York Court of Claims · 1909
- Van Cortlandt v. New York Central RailroadNew York Supreme Court · 1931
- Champlain Stone & Sand Co. v. State of New YorkNew York Court of Claims · 1910