In re the Opening of Forty-eighth Street
Appellate Division of the Supreme Court of the State of New York
. Appeal by Patrick IT.-Flynn, a property owner, from an order of the Supreme Court, made at the Kings Special' Term and entered in the office of the clerk of the county of Kings on the 19th day of February, 1897, confirming the report of commissioners of estimate appointed in condemnation proceedings.
1Opinion of the Court
Cullen, J.:
The rule has been so often reiterated that, an award of ' commissioners óf appraisal will not be-set aside for inadequacy or as excessive, unless the award' is so palpably wrong as to-shock' the sense of justice, that it is-not necessary to cite any authorities in its support. At the same time- an award will be set aside if it appears that the commissioners proceeded on .an- erroneous principle: in making their award. The appellant’s'land, is situate at the intersection of; Forty-eighth street and Sixth avenue, for the opening of which ■ streets proceedings were instituted. At the…
2Cited by3 opinions
- City of St. Louis Park v. EngellSupreme Court of Minnesota · 1969
- In re the Widening of a Portion of Pondfield RoadAppellate Division of the Supreme Court of the State of New York · 1913
- In re the City of New YorkNew York Supreme Court · 1909