Brooklyn Union Elevated R. v. Case
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Kings County. Petition of the Brooklyn Union Elevated Railroad Company against Theodore B. Case to acquire title to real estate. Appeal by plaintiff from an order taxing certain costs.
1Per curiam
If the question presented by this appeal were a new one, it might well be held that under section 3372 of the Code of Civil Procedure a landowner who is awarded for his property more chan was offered to him by the party seeking to condemn it is en*528titled to recover costs, as though a trial had been had. But a different view has been so often taken by courts of concurrent jurisdiction that we deem a contrary rule to be established by authority.
In Manhattan Railway Co. v. Kent, 8o Hun, 559, 30 N. Y. Supp. 959, affirmed in 145 N. Y. 595, 40 N. E. 164, the General Term of the First Department said:
2Cases cited4 opinions
- Manhattan Ry. Co. v. KentNew York Supreme Court · 1894
- City of Johnstown v. FrederickAppellate Division of the Supreme Court of the State of New York · 1898
- Village of St. Johnsville v. CronkAppellate Division of the Supreme Court of the State of New York · 1900
- City of Johnstown v. FrederickAppellate Division of the Supreme Court of the State of New York · 1898