Waterford Electric Light, Heat & Power Co. v. Reed
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Rensselaer County. Condemnation proceedings by the Waterford Electric Light, Heat & Power Company against Kate E. Reed and others. From an order sending a report of the commissioners back to them for correction, plaintiff appeals. Reversed. The order appealed from is one sending a report of commissioners appointed in condemnation proceedings back to them for further report.
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Appeal from Special Term, Rensselaer County. Condemnation proceedings by the Waterford Electric Light, Heat & Power Company against Kate E. Reed and others. From an order sending a report of the commissioners back to them for correction, plaintiff appeals. Reversed. The order appealed from is one sending a report of commissioners appointed in condemnation proceedings back to them for further report. The appellant is an electric lighting company, having a contract with the village of Waterford for the lighting of the streets and public buildings in said village, and claims the right, under…
1Opinion of the CourtChester, J.
The practice which appears to have been followed in some cases of sending a report of commissioners in condemnation proceedings back to the commissioners, with a requirement that they state in a further report the grounds upon which their decision was based, is one not to be commended, and it has not been usual to send the report back in cases arising since the enactment of the present condemnation law (Laws 1890, p. 266, c. 95, carried into the Code of Civil Procedure as chapter 23, tit. 1, thereof, §§ 3357-3384, inclusive).
It is urged that section 3382 of such Code contains warrant for the…
2Cases cited1 opinion
- Board of Water Commissioners v. ShuttsAppellate Division of the Supreme Court of the State of New York · 1898