City of New York v. Sage
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Application and petition of John A. Bensel and others, constituting the Board of Water Supply of the City of New York, to acquire real estate for and on behalf of the city under Raws N. Y. 1905, c. 724, and amendatory acts, in the town of Hurley, Ulster county, N. Y., to provide an additional water supply.
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In Error to the Circuit Court of the United States for the Southern District of New York. Application and petition of John A. Bensel and others, constituting the Board of Water Supply of the City of New York, to acquire real estate for and on behalf of the city under Raws N. Y. 1905, c. 724, and amendatory acts, in the town of Hurley, Ulster county, N. Y., to provide an additional water supply. From an order awarding damages for a certain parcel of land belonging to William Sage, Jr. (In re Ashokan Dam, 190 Fed. 413), condemned for a reservoir, the City of New York brings error. On writ of…
1Opinion of the Court
COXE, Circuit Judge.
Two principal questions are involved in this review:
First. Were the. condemnation proceedings properly removed to. this court ?
Second. Were the commissioners and the court in error in adding to the sum awarded for the value of the land and buildings, viz., $7,624.-45, the further sum of $4,324.45, for reservoir availability and adaptability?
[1] We think the proceedings were properly removed to this court and that the motion to remand to the state court was properly denied. William Sage, Jr., the claimant and defendant in error, was at the time of the commencement of the…
2Cases cited5 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- United States v. Great Falls Manufacturing Co.Supreme Court of the United States · 1884
- In re SimmonsAppellate Division of the Supreme Court of the State of New York · 1909
- In re GilroyNew York Supreme Court · 1895
- Great Falls Manufacturing Co. v. United StatesUnited States Court of Claims · 1880
3Cited by4 opinions
- County of Allegheny v. Frank Mashuda Co.Supreme Court of the United States · 1959
- City of New York v. SageSupreme Court of the United States · 1915
- City of New York v. SageDistrict Court, S.D. New York · 1916
- County of Allegheny v. Frank Mashuda Co.Supreme Court of the United States · 1959