Legal Opinion

Burchard v. State

Appellate Division of the Supreme Court of the State of New York

Decided November 11, 1908PublishedCited by 16 opinions

Appeal by the claimant, Mary W. Burchard, from a judgment of the Court of Claims of the State of New York in favor of the claimant,, entered in'the office of the clerk of said court on the 18th day of November, 1907.

1Opinion of the Court

Smith, P. J.:

The appeal is for insufficiency of award. The State had appropriated about nine and one-half acres of. the claimant’s farm for canal purposes. Bor compensation for such taking this claim is ■made. The evidence on the part of the claimant, as well as the evidence on the part of the State, showed'the damage to be $1,100 and upwards. In disregard of this evidence the claimant has only been awarded the sum of $767 damages. This judgment is defended by the plea that the Court of Claims is composed of land experts, who knew more about the value of land in the' locality in which this…

2Cases cited1 opinion

  1. Matter Of, Etc., N.Y., W.S. B.R. Co.New York Court of Appeals · 1884

3Cited by16 opinions

  1. In re SimmonsAppellate Division of the Supreme Court of the State of New York · 1909
  2. Brainerd v. StateNew York Court of Claims · 1911
  3. State v. CrawfordSupreme Court of Alabama · 1965
  4. In re Block Bounded By Avenue A and First Avenue, Fifty-Ninth and Sixtieth StreetsNew York Supreme Court · 1910
  5. People ex rel. City of New York v. StillingsAppellate Division of the Supreme Court of the State of New York · 1910

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