Legal Opinion

Newton v. Armstrong

New York Supreme Court

Decided February 8, 1892PublishedCited by 5 opinions

Appeal from special term. Petition of John Newton, commissioner of public works, under Laws 1883, c. 490, and on behalf of the mayor, aldermen, and commonalty of the city of New York, for the appointment of commissioners of appraisal. From an order confirming the report of the commissioners, condemning certain lands for aqueduct purposes, Isaac Armstrong appeals.

1Opinion of the CourtPratt, J.

This is an appeal from an order confirming an award of commissioners for lands acquired for the new aqueduct of the city of New York. The difficulty of reviewing such an award is manifest, and has been so often recognized by judicial decisions that it is but necessary to state the general principles relating to such reviews, without citing the authorities. The award of commissioners will not be set aside for alleged inadequacy unless the inadequacy be gross or palpable, or unless the commissioners proceeded upon an erroneous principle; for the commissioners act, not only upon the evidence…

2Cited by5 opinions

  1. Gauley & Eastern Railway Co. v. ConleyWest Virginia Supreme Court · 1919
  2. City of Syracuse v. StaceyAppellate Division of the Supreme Court of the State of New York · 1899
  3. In re GilroyAppellate Division of the Supreme Court of the State of New York · 1898
  4. Sauer v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
  5. In re GilroyAppellate Division of the Supreme Court of the State of New York · 1898

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