Village of St. Johnsville v. . Smith
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 11, 1904, which affirmed a final order confirming the report of commissioners in condemnation proceedings. The facts, so far as material, are stated in the opinion. The award of the commissioners was inadequate.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 11, 1904, which affirmed a final order confirming the report of commissioners in condemnation proceedings. The facts, so far as material, are stated in the opinion. The award of the commissioners was inadequate. The commissioners should have awarded the defendant the value of the structure placed upon his lands by the plaintiff, without any right or authority, in addition to the damages sustained by him in the taking of his land and water rights. (Reeves on Real Prop. § 47 ;…
1Opinion of the CourtWillard Bartlett, J.
This is a proceeding in behalf of an incorporated village to acquire certain lands and water rights of the appellant for the purpose of obtaining for the village an additional supply of pure and wholesome water. It was instituted in 1896, before chapter 181 of the Laws of 1875, entitled “An act to authorize the villages of the State of Hew York to furnish pure and wholesome water to the inhabitants thereof,” had been repealed by the Village Law (Chap. 414 of the Laws of 1897, taking effect July 1, 1897), and hence was regulated by the act of 1875 and the amendments thereof in force at the…
2Cases cited4 opinions
- Graham v. Connersville & New Castle Junction RailroadIndiana Supreme Court · 1871
- United States v. JacksCalifornia Supreme Court · 1874
- Philadelphia, Reading & New England Railroad v. BowmanAppellate Division of the Supreme Court of the State of New York · 1897
- In re Long Island RailroadNew York Supreme Court · 1875
3Cited by36 opinions
- In Re Acquiring Title by City of New YorkNew York Court of Appeals · 1910
- Matter of Van Etten v. . City of New YorkNew York Court of Appeals · 1919
- Norfolk & Ocean View Railway Co. v. Consolidated Turnpike Co.Supreme Court of Virginia · 1910
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Onondaga County Water Authority v. New York Water Service Corp.Appellate Division of the Supreme Court of the State of New York · 1955
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