South Buffalo Railway Co. v. Kirkover
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The South Buffalo Railway Company, from a final order of - the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 16th day of June, 1902, as amended and resettled by an order entered in said clerk’s office on the 1st day of July, 1902, confirming an award made- by commissioners duly appointed in condemnation proceedings.
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Appeal by the plaintiff, The South Buffalo Railway Company, from a final order of - the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 16th day of June, 1902, as amended and resettled by an order entered in said clerk’s office on the 1st day of July, 1902, confirming an award made- by commissioners duly appointed in condemnation proceedings. The proceeding was instituted by the appellant on the 8th day of ¡November, 1900, to acquire a right of way upon which to construct its railroad over the premises of the respondents,…
1Opinion of the Court
McLennan, J.:
¡No question is presented for review except as to the amount of the award, and as to the reception by the commissioners of certain evidence which it is claimed was incompetent and was prejudicial to the appellant. -
The report or award of the commissioners which assumed to fix the compensation to which the defendants are entitled, so far as it is important to note, is as follows:
“To HenryD. Kirkover and Emma J. Kirkover, his wife, and Henry Koons, as. and for compensation for the lands and premises aforesaid which are actually taken in this action or proceeding, the sum of ten…
2Cases cited7 opinions
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Troy & Boston Railroad v. LeeNew York Supreme Court · 1852
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
- In re the appraisal of the compensation to be made by the Utica, Chenango & Susquehanna Valley RailroadNew York Supreme Court · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Spencer v. StateAppellate Division of the Supreme Court of the State of New York · 1920