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County of Erie v. Fairchild

255 A.D. 1028 Court N.Y. App. Div. Decision date 1938-12-02 English

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p. 1028
County of Erie, Respondent, v. Sherman M. Fairchild, Individually and as Sole Surviving Executor, etc., of Josephine M. Fairchild, Deceased, Appellant, and Frank Mattus, Defendant.

Order affirmed, without costs of this appeal to either party. Memorandum: The record presents a fair question of fact and we are unable to say that the damages awarded do not compensate the owner adequately for the interest in the property taken. All concur. (The order confirms a report of the commissioners in a condemnation proceeding.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.