Troy & Boston Railroad v. Lee
New York Supreme Court
This was an appeal from the appraisal and report of commissioners, appointed pursuant, to the 15th section of the general railroad act. (a) The commissioners awarded to the defendant $850 for one acre and forty-five hundredths of an acre of land, taken by the plaintiffs for the use of their road. The report having been confirmed, the plaintiffs appealed, in pursuance of the provisions of the 18th section of the act.(b) The appeal was heard at a, general term, at Albany.
1Opinion of the Court
By the Court, Harris, J.
The statute, while it gives to either party an appeal to the supreme court from the appraisal made by commissioners, and authorizes the court, in its discretion, to direct a new appraisal, before the same or new commissioners, has not prescribed the principles by which the court is to be governed in its decision upon such appeal. I think it *170quite obvious, that the review is not to be had upon the same principles by which the court is guided in reviewing the proceedings of a judicial tribunal. Any technical departure from established rules, in the admission or rejection…
2Cases cited2 opinions
- In re WilliamNew York Supreme Court · 1839
- In re Pearl-streetNew York Supreme Court · 1839
3Cited by51 opinions
- South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
- A.B.N. Co. v. . N.Y.E.R.R. Co.New York Court of Appeals · 1892
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