In re the City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, Muhlenberg Coal Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of December, 1916, in so far as it relates to the award for parcel No. 1 (A) herein and refuses to send the matter back to the commissioners for correction in accordance with appellant’s objections.
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Appeal by the claimant, Muhlenberg Coal Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of December, 1916, in so far as it relates to the award for parcel No. 1 (A) herein and refuses to send the matter back to the commissioners for correction in accordance with appellant’s objections. Appeal by the claimant, Elizabeth B'ayliss, from all of said order except in so far as the same concerns solely the property claimed by the Muhlenberg Coal Company. Separate appeals by the claimants,…
1Dissent
Shearn, J. (dissenting in part):
I concur in the opinion of Mr. Justice Laitghlin except in so far as it holds that the Muhlenberg Coal Company was not entitled to an award for damages to its plant.
It is recognized that the denial of compensation to the coal company for the destruction of its business is inequitable and works a manifest injustice. While Mr. Justice Laitghlin states in his opinion that “ the case is one of great hardship to the coal company ” and that “ there is much, force in the contention that the city has not exercised its power of eminent domain in the case at bar in good…
2Cases cited6 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
- County of Erie v. . FridenbergNew York Court of Appeals · 1917
- Matter of City of New YorkNew York Court of Appeals · 1908
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