Waterford Electric Light, Heat & Power Co. v. Reed
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Waterford Electric Light, Heat and Power Company, from an order of the Supreme Court, made at the Rensselaer Special Term and entered in the office of the clerk of the county of Rensselaer on the 25th day of June, 1904, sending a report of commissioners appointed in condemnation proceedings back to them for further report.
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Appeal by the plaintiff, the Waterford Electric Light, Heat and Power Company, from an order of the Supreme Court, made at the Rensselaer Special Term and entered in the office of the clerk of the county of Rensselaer on the 25th day of June, 1904, sending a report of commissioners appointed in condemnation proceedings back to them for further report. The order appealed from is one sending a report of commissioners appointed in condemnation proceedings back to them for further report. The appellant is an electric lighting company, having a contract with the village of Waterford for the…
1Opinion of the Court
Chester, J.:
The practice which appears to have been followed in some cases of sending a report of commissioners in condemnation proceedings back to the commissioners, with a requirement that they state in a further report the grounds upon which their decision was based, is one not to be commended, and it has not been usual to send the report back in cases arising since the enactment of the present Condemnation Law (Laws of 1890, chap. 95, adding to the Code of Civil Procedure, chap. 23, tit. 1 thereof, §§ 3357-3384, inclusive).
It is urged that section 3382 of such Code contains warrant for…
2Cases cited1 opinion
- Board of Water Commissioners v. ShuttsAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- People ex rel. Astor v. StillingsNew York Supreme Court · 1910