In re Brooklyn El. R.
New York Supreme Court
Appeal from special term, Kings county. Application by the Brooldyn Elevated Railroad Company to acquire title to real estate or right of way along .Myrtle avenue, in the city of Brooldyn. From orders setting aside the reports of commissioners to assert and direct a second appraisal before new commissioners, petitioner appeals. Affirmed. For former report, see 27 N. Y. Supp. 493.
1Opinion of the CourtBrown, P. J.
The misconduct of one of the commissioners in these proceedings was of so gross a character that the reports should not be confirmed unless the landowners have waived all objections thereto. One of the commissioners was absent from every hearing, frequently two were absent, and very much of the testimony was given before a single commissioner. Two reports were made. The one made by Commissioner Huber states that he had viewed the premises described in the petition, and had been informed, and believed, that his co-commissioners had heard the proofs and allegations of the parties, and that the…
2Cited by6 opinions
- Manhattan Railway v. O'SullivanAppellate Division of the Supreme Court of the State of New York · 1896
- Board of Water Commissioners v. ShuttsAppellate Division of the Supreme Court of the State of New York · 1898
- In re Bronx Parkway CommissionNew York Supreme Court · 1919
- Phipps v. City & County of DenverSupreme Court of Colorado · 1914
- In re County of NassauAppellate Division of the Supreme Court of the State of New York · 1964
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