In re Brooklyn Union Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, The Brooklyn Union Elevated Railroad Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 12th day of July, 1902, adjusting the costs to be taxed by the respondent, a property owner.
1Opinion of the Court
Per Curiam : .. ,
If the question presented by this appeal were a new one, it might well be held that under section 3372 of the Code of Civil Procedure' *568a landowner who is awarded for his property more than was offered to him by the party seeking to condemn it, is entitled to recover. costs as though a trial had been had. But a different view has been so often taken by courts of concurrent jurisdiction that we deem a contrary rule to be established by authority.
In Manhattan Railway Co. v. Kent, No. 2 (80 Hun, 559 ; affd., 145 N. Y. 595) the General Term of the first department said: “ The…
2Cases cited3 opinions
- Manhattan Ry. Co. v. KentNew York Supreme Court · 1894
- City of Johnstown v. FrederickAppellate Division of the Supreme Court of the State of New York · 1898
- Village of St. Johnsville v. CronkAppellate Division of the Supreme Court of the State of New York · 1900