In re Simmons
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, James P. McG-overn, from part of an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Ulster on the 15th day of February, 1908, confirming the first separate report of the commissioners of appraisal for section Bo. 7 in the Ashokan reservoir, and also from part of the appraisal and report .of the commissionei's.
1Opinion of the Court
Sewell, J.:
' The commissioners awarded $3,800 as the compensation which ought justly to be made by the city of Bew York to the appellant. The real estate for which the award was made consists of sixty and six-tenths acres and is one of several hundred parcels taken by .the city for the reservoir. The chief question presented by this appeal is whether the commissioners erred in striking out the evidence of Cornelius C. Vermeule, a civil engineer, as to the value of the property in question, the intrinsic value of the reservoir and the value of the water to be impounded by it. The witness…
2Cases cited4 opinions
- Moulton v. Newburyport Water Co.Massachusetts Supreme Judicial Court · 1884
- Daly v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
- Village of St. Johnsville v. . SmithNew York Court of Appeals · 1906
- In re Application & Petition of DalyAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by10 opinions
- Adirondack Power & Light Corp. v. EvansAppellate Division of the Supreme Court of the State of New York · 1929
- United States v. Boston, C. C. & N. Y. Canal Co.Court of Appeals for the First Circuit · 1921
- In re County of WestchesterNew York Supreme Court · 1953
- Niagara, Lockport & Ontario Power Co. v. HortonAppellate Division of the Supreme Court of the State of New York · 1931
- Castle Heights Water Co. v. PriceAppellate Division of the Supreme Court of the State of New York · 1917
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