Legal Opinion · Dissent

In re Chapin

New York Supreme Court

Decided July 26, 1895Published

Appeal from special term, Kings county. Proceeding by Alfred C. Chapin, mayor of the city of Brooklyn, and others, acting as a commission under and in pursuance of the provision of Laws 1888, c. 588 (Brooklyn City Charter), tit. 12, § 12, as amended by Laws 1891, c. 245, to ascertain and appraise the amount of damages, if any, due on any property or interest by reason of the erection of the public hospitals in the town of Flatbush.

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Appeal from special term, Kings county. Proceeding by Alfred C. Chapin, mayor of the city of Brooklyn, and others, acting as a commission under and in pursuance of the provision of Laws 1888, c. 588 (Brooklyn City Charter), tit. 12, § 12, as amended by Laws 1891, c. 245, to ascertain and appraise the amount of damages, if any, due on any property or interest by reason of the erection of the public hospitals in the town of Flatbush. After the report of the commissioners had been confirmed, an order was granted on the petition of Thomas Bulmer appointing a new commissioner in the place of one…

1Dissent

DYKMAN, J. (dissenting).

The facts involved in this appeal are these: On the 22d day of May, 1891, three commissioners were appointed to ascertain and appraise the amount of damage done to any property or interest by reason of the erection of the public hospitals in the town of Flatbush. The commissioners qualified and entered upon the discharge of their duties, and on the 22d day of May, 1893, made their report to the court, to which some exceptions were filed; and on the 11th of November, 1893, such report was confirmed by the court. It appears from the petition in this proceeding that…

2Cases cited5 opinions

  1. Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
  2. New-York Central Railroad Co. v. . MarvinNew York Court of Appeals · 1854
  3. Matter of Canal and Walker StreetsNew York Court of Appeals · 1855
  4. King v. . the Mayor, Etc., of New YorkNew York Court of Appeals · 1867
  5. Mayor, Etc., of City of New York v. . ErbenNew York Court of Appeals · 1868

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