South Buffalo Railway Co. v. Kirkover
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 23, 1903, which affirmed an order of Special Term confirming the report of commissioners in condemnation proceedings. This is a proceeding brought by the railroad company under the Condemnation Law to acquire for its corporate purposes nearly eight acres of land owned by the defendants.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 23, 1903, which affirmed an order of Special Term confirming the report of commissioners in condemnation proceedings. This is a proceeding brought by the railroad company under the Condemnation Law to acquire for its corporate purposes nearly eight acres of land owned by the defendants. Commissioners were duly appointed, who awarded the sum of $10,500 for the land actually taken and the sum of $41,500 as compensation for the damages “to the remainder of the parcel of land owned…
1Opinion of the CourtBartlett, J.
The single question of law presented by this appeal is as to the rule which should govern the commissioners in awarding compensation for damages to the part of the tract of land not taken.
The counsel for the appellant railroad company insists that the proper rule as to damages, in addition to those allowed for the land actually taken, may be thus stated: “ Compensation is only allowed for such damages to the residue as are caused by the severance from it of the part taken, and (according to some of the cases) in estimating such damages the grade or elevation of the railroad may be taken into…
2Cases cited9 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Troy & Boston Railroad v. LeeNew York Supreme Court · 1852
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
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3Cited by89 opinions
- Matter of Board of Water Supply of New YorkNew York Court of Appeals · 1938
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- Matter of Culver Contrg. Corp. v. HumphreyNew York Court of Appeals · 1935
- In re City of RochesterAppellate Division of the Supreme Court of the State of New York · 1932
- Johnstone v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1928
84 more not listed; retrieve them via the Exa API.