Turner v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson Biver Bailroad Company, from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Franklin on the 8th day of September, 1914, setting aside a report of appraisal and the stipulation for appraisal herein.
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Appeal by the defendant, The New York Central and Hudson Biver Bailroad Company, from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of Franklin on the 8th day of September, 1914, setting aside a report of appraisal and the stipulation for appraisal herein. Appeal by the plaintiff, Charles H. Turner, from so much of said order as requires him to pay the costs of reference of said appraisal, and also from an order of the Supreme Court, made at the Schenectady Special Term and entered in the office of the clerk of the…
1Opinion of the Court
Woodward, J.:
This action was brought to recover damages alleged to have been sustained by the plaintiff through the negligence of the defendant in setting forest fires in the town of Altamont, Franklin county. The complaint alleges damages to the amount of $420,000. On the 10th day of August, 1911, the parties to the action, for the avowed purpose of saving time in presenting the evidence in respect to damages, entered into a stipulation, through their respective attorneys, by which it was provided that each party hereto shall select two appraisers, who, together with Mr. William W. Wheeler,…
2Cases cited3 opinions
- Carnegie Steel Co. v. Cambria Iron Co.Supreme Court of the United States · 1902
- Barry v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1873
- Turner v. New York Central & Hudson River RailroadNew York Supreme Court · 1911
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- Turner v. New York Cent. & H. R. R. Co.Appellate Division of the Supreme Court of the State of New York · 1915