In re the Lake Shore & Michigan Southern Railway Co.
Appellate Division of the Supreme Court of the State of New York
Motion to dismiss an appeal from a final order confirming the report of commissioners appointed to condemn the lands of- the respondents.
1Opinion of the Court
Spring, J.:
In 1906 commissioners were appointed to appraise the lands of the defendants in condemnation proceedings. The report of the commissioners was filed and the award made confirmed by the Special Term, the plaintiff opposing.
Upon appeal to this court the order of confirmation was reversed and the report set aside solely upon the ground that one of the commissioners was an “improper person” to act in that capacity. (128 App. Div. 909.) Hew commissioners were appointed and another award made, which has been confirmed by the Special Term, and the plaintiff has again appealed to this…
2Cases cited3 opinions
- People Ex Rel. S. U.H.R.R. Co. v. . BettsNew York Court of Appeals · 1874
- Matter of DalyNew York Court of Appeals · 1907
- In re DalyAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- New York Central Railroad v. HarrisonAppellate Division of the Supreme Court of the State of New York · 1952
- In re DodgeAppellate Division of the Supreme Court of the State of New York · 1952