New York Central Hudson River Rd. v. . St. of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 28, 1903, affirming a judgment.in favor of plaintiff entered upon a decision of the Court of Claims.
1Opinion of the CourtHaight, J.
We think the claimant is entitled to recover from the state the damages sustained on account of the acts complained of, for the reason stated in the opinion of Merwin, J. (37 App. Div. 57). But we think that the claimant should not be allowed interest prior to the entry of judgment herein, upon the item of $60,000 awarded as damages for the permanent restoration of the railroad embankment, or upon the item of $24,017.50 awarded for such restoration in case the proper authorities of the state consent that the claimant may restore the embankment by extending the same into the reservoir upon the…
2Cases cited1 opinion
- New York Central & Hudson River Railroad v. StateAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- People v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909