Legal Opinion

In re New York Elevated Railroad

New York Supreme Court

Decided December 29, 1890PublishedCited by 4 opinions

Appeal from special term. Petition by the New York Elevated Railroad Company for the appointment • of commissioners to ascertain and appraise the compensation to be made for property, easements, etc., taken by it for the purposes of its railroad.

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Appeal from special term. Petition by the New York Elevated Railroad Company for the appointment • of commissioners to ascertain and appraise the compensation to be made for property, easements, etc., taken by it for the purposes of its railroad. The petitioner appeals from the award by the commissioners of compensation to Mary McKay Greenwood and others, owners of property known as “No. 286 -Greenwich Street,” in the city of New York, and from the order confirming their report.

1Opinion of the CourtVan Brunt, P. J.

This appeal seems to be largely founded upon the fact (which does not appear upon the record, as far as we have been able to discover) that a jury has determined that the elevated railroad inflicted no rental damage upon the premises in question; but this fact, even if it exists, does not entitle the appellant to a reversal of the order appealed from. An examination of the evidence in this case seems to show that a very large quantity of irrelevant testimony was taken, and that but little was offered before the commissioners tending to elucidate the problem which they were appointed to…

2Cited by4 opinions

  1. Hildebrand v. United ArtisansOregon Supreme Court · 1907
  2. In re Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1905
  3. In re Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1905
  4. Scott v. Metropolitan Elevated Railway Co.The Superior Court of New York City · 1893

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