In re Brooklyn Elevated Railroad
New York Supreme Court
Appeal from special term, Kings county. Petition of the Brooklyn Elevated Railroad Company for the condemnation of a right of way on Lexington avenue, Brooklyn, in front of the property of Edgar J. Phillips and Prank M. Avery. Evidence of the benefit derived by the property, through the increased facilities for transit, was admitted, over the objections of the property owners, who now appeal from the decree of the special term confirming the commissioners’ report.
1Opinion of the CourtBarnard, P. J.
The section of the general railroad act in respect to damages to be paid by companies for lands taken for railroad purposes does not give a plain rule in respect to the basis upon which the assessment is to be made. By this section it is provided that a commission “shall ascertain and determine the compensation which ought justly to be made by the company to the party or parties owning or interested in the real estate appraised by them; and in determining the amount of such compensation they shall not make an allowance or deduction on account of any real or supposed benefits which the parties…
2Cited by4 opinions
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
- In re Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- South Buffalo Railway Co. v. KirkoverAppellate Division of the Supreme Court of the State of New York · 1903