Manhattan Ry. Co. v. Kent
New York Supreme Court
Appeal from special term, New York county. Proceeding by the Manhattan Railway Company and another ■against Julia A. Kent, individually and as trustee, and others, to . condemn easements appurtenant to premises known as numbers 1, 3, and 5, New Bowery, in the city of New York. The facts fully appear in the preceding case, which was an appeal by petitioners from an award of costs in favor of defendants.
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Appeal from special term, New York county. Proceeding by the Manhattan Railway Company and another ■against Julia A. Kent, individually and as trustee, and others, to . condemn easements appurtenant to premises known as numbers 1, 3, and 5, New Bowery, in the city of New York. The facts fully appear in the preceding case, which was an appeal by petitioners from an award of costs in favor of defendants. This is an appeal ■by defendants from an order denying their motion for a retaxation of costs. The items disallowed in defendants’ bill of costs were as follows: Trial fee, issue of fact, $30;…
1Per curiam
The proceedings before the condemnation commissioners were not the trial contemplated by the statute. Such proceedings were a mere assessment of damages. The trial spoken of in the statute is that which takes place preliminary to the appointment of commissioners.
The order appealed from should be affirmed, with $10 costs and disbursements.
2Cited by9 opinions
- In Re the Brooklyn Union Elevated RailroadNew York Court of Appeals · 1903
- City of Johnstown v. FrederickAppellate Division of the Supreme Court of the State of New York · 1898
- City of Johnstown v. FrederickAppellate Division of the Supreme Court of the State of New York · 1898
- Bley v. Village of HamburgAppellate Division of the Supreme Court of the State of New York · 1903
- Bley v. Village of HamburgAppellate Division of the Supreme Court of the State of New York · 1903
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