In re Pearl-street
New York Supreme Court
R. Emmet, the counsel for the corporation of the city of N. York, presented a report of the commissioners of estimate and assessment and moved for confirmation.
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R. Emmet, the counsel for the corporation of the city of N. York, presented a report of the commissioners of estimate and assessment and moved for confirmation. C. F. Grim, counsel for the trustees of the estate of'Christian Baehr, deceased, objected to the confirmation of the report upon the grounds : first, that the report was incorrect and ought not to be received, inasmuch as it did not specify, in separate columns or otherwise, the amounts of benefit and damage, but only stated the benefit at a given sum over and above the damage ; secondly, that the amount of damage allowed to his…
1Opinion of the Court
Mr. Justice Cowen,
who held the special term, overruled the first objection, and in reference to the second and similar objections by other parties, delivered the following opjnion .
I do not deny that cases may arise in which a reconsideration of the report should be awarded, upon the mere weight of evidence ; but to induce to such a course, the facts should be of a very decisive character, and border strongly on the conclusive. I am not prepared to say that, in reviewing the decision of these commissioners, even a prima facie case against their award, derived from proofs independent of their…
2Cases cited1 opinion
- Kellogg v. KrauserSupreme Court of Pennsylvania · 1826
3Cited by8 opinions
- Troy & Boston Railroad v. LeeNew York Supreme Court · 1852
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- Roberts v. New York Elevated RailroadNew York Court of Appeals · 1891
- In re the StateMichigan Supreme Court · 1885
- Gilstrap v. GilstrapIndiana Court of Appeals · 1979
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