Rochester & Honcoye Valley Railroad v. Myers
New York Supreme Court
Appeal from special term, Monroe county. Proceeding by the Rochester & Honcoye Valley Railroad Company against Thomas A. Myers and others to condemn a right of way. Defendants appeal from an order confirming the report of the commissioners of appraisal.
1Opinion of the CourtDwight, P. J.
The proceeding was to acquire the right of way for a railroad over lands of the appellants. The award of $1,700, made by a majority of the commissioners, .was somewhat less than the average amount indicated by the testimony of the witnesses,—even of those called by the petitioner. But the estimates of the witnesses on both sides included many elements which were largely speculative,—such as the inconvenience of working land, due to the shape into which lots were divided by the railroad; the cutting off of the view from the house of a portion of the farm; inconveniences in watering cattle, and…
2Cases cited2 opinions
- In re New York Elevated RailroadNew York Supreme Court · 1890
- In re Buffalo & Geneva Railway Co.New York Supreme Court · 1891