Legal Opinion

Daly v. Smith

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

Decided July 1, 1897PublishedCited by 37 opinions

- Appeal, by William R. Smith and others from an appraisal -and report of commissioners appointed in condemnation proceedings, under chapter 189 of the Laws of 1893, to acquire certain real estate for the purpose of providing for the sanitaiy protection of the sources of the water supply of the city of Hew York, - which report' bears date the 18 th .day of J une, 1895, and was filed in the.' office of the clerk of the county of Westchester on the 24th day of June, 1895, and…

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- Appeal, by William R. Smith and others from an appraisal -and report of commissioners appointed in condemnation proceedings, under chapter 189 of the Laws of 1893, to acquire certain real estate for the purpose of providing for the sanitaiy protection of the sources of the water supply of the city of Hew York, - which report' bears date the 18 th .day of J une, 1895, and was filed in the.' office of the clerk of the county of Westchester on the 24th day of June, 1895, and also from an order of the Supreme Court made at tile Orange Special Term and entered in the .office of the clerk of the'…

1Opinion of the Court

Cullen, J.:

This is a.proceeding initiated under chapter 189 of the Laws 'of 1893, entitled An act to provide for the sanitary protection of *195the sources-of the water supply of the city of New York,” to condemn lands contiguous to the Kensico reservoir. While this court has the power to reverse or set aside the award of commissioners appointed under this statute, wé are clear that that power is to be exercised only in the same manner and subject to the same rules as awards of other commissioners of appraisal are reviewed. The provision of section 22 of the act, that “ such appeal shall be heard…

2Cases cited4 opinions

  1. Troy & Boston Railroad v. LeeNew York Supreme Court · 1852
  2. Matter of ThompsonNew York Court of Appeals · 1890
  3. Brooklyn El. Railroad v. LewisNew York Supreme Court · 1895
  4. In re GilroyNew York Supreme Court · 1894

3Cited by37 opinions

  1. State Highway Commission v. DealOregon Supreme Court · 1951
  2. Adirondack Power & Light Corp. v. EvansAppellate Division of the Supreme Court of the State of New York · 1929
  3. In re SimmonsAppellate Division of the Supreme Court of the State of New York · 1909
  4. United States v. Boston, C. C. & N. Y. Canal Co.Court of Appeals for the First Circuit · 1921
  5. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1930

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