Legal Opinion

In re Chapin

New York Supreme Court

Decided February 11, 1895PublishedCited by 6 opinions

Appeal from special term, Kings county. Proceeding by Alfred C. Chapin and others to ascertain and appraise the amount of damages to property by reason of the erection of hospitals in the town of Flatbush for persons suffering from contagious diseases. Prom an order confirming the report of the commissioners, Moritz Cohn and Patrick J. Kennedy appeal. Affirmed.

1Opinion of the CourtPratt, J.

It is not necessary to discuss at length the motion made herein to dismiss the appeal, as the case is before the court, and may as well be examined. Neither will we notice the fact that no certificate is attached to the case that it contains all the evidence, in view of the statement which is made that it contains all the material evidence upon the matter involved therein. No error of law on the part of the commission seems to be raised, but the report is sought to be set aside upon the ground that the award of damages is too small, and against the weight of evidence, and that the act under…

2Cited by6 opinions

  1. Danes v. StateAppellate Division of the Supreme Court of the State of New York · 1916
  2. Phipps v. City & County of DenverSupreme Court of Colorado · 1914
  3. Russell v. Corning Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1900
  4. Danes v. StateAppellate Division of the Supreme Court of the State of New York · 1915
  5. In re SimmonsNew York Supreme Court · 1910

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