People ex rel. Delaware, Lackawanna & Western Railroad v. Clapp
New York Court of Appeals
Appeal from an order of the Appellate Division of the-Supreme Court in the fourth judicial department entered August I, 1896, which affirmed a final order of the Special Term, dismissing a writ of certiorari issued to review an. assessment. The facts, so far as material, are stated in the opinion. The assessment was excessive. The method adopted hy the assessors in arriving at the value of the real estate was incorrect and the results were necessarily erroneous.
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Appeal from an order of the Appellate Division of the-Supreme Court in the fourth judicial department entered August I, 1896, which affirmed a final order of the Special Term, dismissing a writ of certiorari issued to review an. assessment. The facts, so far as material, are stated in the opinion. The assessment was excessive. The method adopted hy the assessors in arriving at the value of the real estate was incorrect and the results were necessarily erroneous. (Loeb v. Willis, 100 N. Y. 235; People ex rel. v. Barker, 146 N. Y. 313; People ex rel. v. Comrs. of Taxes, 104 N. Y. 240.) The…
1Opinion of the CourtO’Brien, J.
The court below dismissed the writ of certiorari granted to review the assessment of the relator’s real estate in the town of York for the year 1894. The property assessed was about seven and one-fourth miles of the main line of the relator’s railroad running from Binghamton to Buffalo, consisting of a double track, with about three miles of side track, with three stations, water tanks, and one hundred and twelve acres of land. The property was assessed at $300,000.
A reference was ordered at the Special Term to take evidence in. regard to the value of the property and the correctness of the…
2Cases cited5 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BackusSupreme Court of the United States · 1894
- Western Union Telegraph Co. v. TaggartSupreme Court of the United States · 1896
- People Ex Rel. Manhattan Railway Co. v. BarkerNew York Court of Appeals · 1895
- People Ex Rel. Buffalo & State Line Railroad v. BarkerNew York Court of Appeals · 1871
- People Ex Rel. the Panama Railroad v. Commissioners of TaxesNew York Court of Appeals · 1887
3Cited by6 opinions
- Tenneco, Inc.-Tennessee Gas Pipeline Division v. Town of CazenoviaAppellate Division of the Supreme Court of the State of New York · 1984
- Onondaga County Water District v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1974
- Onondaga County Water District v. Board of AssessorsNew York Supreme Court · 1971
- People ex rel. Brooklyn Union Gas Co. v. ChambersNew York Supreme Court · 1952
- People ex rel. New York, Ontario & Western Railway Co. v. RosensheinAppellate Division of the Supreme Court of the State of New York · 1948
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