Legal Opinion

In re the Application for the Acquisition of Lands for the Purpose of Laying Out

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 1919PublishedCited by 4 opinions

Appeal by Willis Sharpe Kilmer, a property owner, from part of an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Broome on the 8th day of November, 1918, confirming the report of commissioners herein. An appeal is also taken from the report of the commissioners in so far as it relates to appellant’s land.

1Opinion of the Court

Cochrane, J.:

The appellant owns about twenty-six acres of land within the limits of the city of Binghamton. Through this land it is proposed to extend Leroy street. The commissioners *59appointed to ascertain the compensation to be made to the property owners have pursued the unusual method in their report of specifying their mental processes in ascertaining the compensation to be made to property owners. They say in their report, among other things: “We have not taken into consideration or made any allowance for any resulting damage caused by the grading of said street, the flooding of the…

2Cases cited2 opinions

  1. South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
  2. County of Erie v. . FridenbergNew York Court of Appeals · 1917

3Cited by4 opinions

  1. In re City of New YorkNew York Supreme Court · 1948
  2. In re the Board of Supervisors, New York County Courts1938
  3. Brooklyn Trust Co. v. City of New YorkNew York Supreme Court · 1919
  4. In re Board of Water SupplyAppellate Division of the Supreme Court of the State of New York · 1919

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