In re Pugh
New York County Courts
Motion made in behalf of David J. Davis, to vacáte and set aside the decision of commissioners made in the above-entitled matter in favor of laying out the proposed highway and awarding damages. The proceeding • was commenced, pursuant to the Highway Law, in the summer of 1896. Albert T. Wilkinson, Julius A. Day and Albert P. Seaton were appointed commissioners. The commissioners personally viewed the premises and took a large amount of evidence.
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Motion made in behalf of David J. Davis, to vacáte and set aside the decision of commissioners made in the above-entitled matter in favor of laying out the proposed highway and awarding damages. The proceeding • was commenced, pursuant to the Highway Law, in the summer of 1896. Albert T. Wilkinson, Julius A. Day and Albert P. Seaton were appointed commissioners. The commissioners personally viewed the premises and took a large amount of evidence. The decision was filed in July, 1897.
1Opinion of the CourtDunmore, J.
The evidence taken in this matter clearly sustains the finding of the commissioners as to the necessity of the highway in question and as to- the amount of. damages awarded. The statute (Highway Law, § 81) makes it the duty of the comissioners to personally examine the highway described in the application and, therefore, doubtless contemplates that the amount of damages to be assessed shall be determined at least in part by their own judgment..
' In Matter of N. Y., W. S. & B. R. R. Co., 37 Hun, 317, the court said: “The commissioners viewed the premises and.had means for making up their…
2Cases cited4 opinions
- Crouch v. . GutmannNew York Court of Appeals · 1892
- Dunham v. HeydenNew York Supreme Court · 1811
- Willoughby v. CarletonNew York Supreme Court · 1812
- Seymour v. BradfieldNew York Supreme Court · 1860
3Cited by1 opinion
- In re PughAppellate Division of the Supreme Court of the State of New York · 1899