Legal Opinion

In re Board of Public Improvements

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

Decided July 1, 1904PublishedCited by 6 opinions

Appeal by Lavinia A. Burden and another from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 21st day of May, 1903, confirming the report of commissioners of estimate appointed in the above-entitled proceeding.

1Opinion of the Court

Jenks, J.:

This is an appeal by property owners from an order confirming the report of commissioners of estimate appointed to ascertain the damages for lands taken to bear a pier of a bridge crossing the East river from the borough of Manhattan to the borough of Queens. This report should not be disturbed unless it clearly appears that the commissioners have done injustice by proceeding upon an erroneous principle. It is contended that the commissioners thus radically erred in that they did not consider whether damages resulted to the residue of the property consequent upon the use of the land…

2Cases cited4 opinions

  1. Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
  2. South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
  3. Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
  4. In re Board of Water CommissionersAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by6 opinions

  1. In re City of New YorkNew York Supreme Court · 1948
  2. Town of Fallsburgh v. SilvermanAppellate Division of the Supreme Court of the State of New York · 1940
  3. New York Central & Hudson River Railroad v. NewboldAppellate Division of the Supreme Court of the State of New York · 1915
  4. City of Binghamton v. TaftNew York Supreme Court · 1925
  5. In re Luzerne-Lake George County Highway, New York County Courts1932

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