In re Board of Water Supply
Appellate Division of the Supreme Court of the State of New York
Separate appeals by Martin Cantine Company and by Byron L. Davis, as trustee, from so much of an order of the Supreme Court, made at the Rensselaer Special Term and entered in the office of the clerk of the county of "Ulster on the 29th day of October, 1918, as vacated awards made to the appellants by commissioners in condemnation proceedings and directed a new trial before new commissioners, and granted other relief,
1Per curiam
A careful consideration of the record leads to the conclusion that the order should be affirmed. In reaching this determination we do not indorse all that was said by the court at Special Term. Evidence as to the cost of steam substitution for water power and of maintaining'the same is necessarily to a certain extent technical and scientific and must be given by expert witnesses. And generally the question of value is a matter of opinion sometimes, and preferably, when possible, fortified by facts giving strength to the opinion. Undoubtedly too much time and energy were devoted at the trial…
2Cases cited3 opinions
- South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
- Matter of Van Etten v. . City of New YorkNew York Court of Appeals · 1919
- In re the Application for the Acquisition of Lands for the Purpose of Laying OutAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by2 opinions
- Matter of Urban Renewal [Patchen Post]New York Court of Appeals · 1978
- In re Bronx Parkway CommissionAppellate Division of the Supreme Court of the State of New York · 1920