Matter of Nassau Electric R.R. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the ' Supreme Court in the second judicial department, made June 9, 1896, denying a motion to set aside the report of commissioners appointed under the Bailroad Law to determine whether a street surface railroad ought to be constructed through a public street in the city of Brooklyn. The facts, so far as-material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the ' Supreme Court in the second judicial department, made June 9, 1896, denying a motion to set aside the report of commissioners appointed under the Bailroad Law to determine whether a street surface railroad ought to be constructed through a public street in the city of Brooklyn. The facts, so far as-material, are stated in the opinion. Neither the Constitution nor the statute designating the tribunal charged with the conduct of proceedings of this character contain any provisions limiting the court’s supervisory judicial functions or…
1DissentMartin, J.
I cannot concur in the conclusion reached by Judge Yann. Doubtless the court possessed the power to set aside the report of the commissioners for fraud, mistake or irregularity upon proof of their existence and upon a proper application made to the court for that purpose. There is nothing to indicate that this was doubted or questioned by the court below. No such application was made nor intended at the time even by the appellant. Although that claim was urged upon the argument, it was presented here for the first time. The motion was to set aside the report and appoint new commissioners, and…
2Cases cited1 opinion
- Lewis v. GrahamNew York Supreme Court · 1863