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In re Simmons

148 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1914-07-31 English

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p. 1144
In re SIMMONS et al., Board of Water Supply.
(Supreme Court, Appellate Division, Second Department.
July 31, 1914.)

Headnote

In the matter of the application and petitioa of J. Edward Simmons and others, constituting the Board of Water Supply, etc., to acquire real estate, etc.; Kensico Reservoir, Sectiou No. 4.

The exhaustive briefs and voluminous record have been critically examined. The award attached is at least fully compensatory to the appellant. It was not made upon an erroneous theory. There is no question of law to discuss, as this is not a proper case for the application of the rule in Matter of Board of Water Commissioners, 55 App. Div. 77 , 66 N. Y. Supp. 1005 . Order affirmed, with $10 costs and disbursements. See, also, 157 App. Div. 933 , 142 N. Y. Supp. 1144 .

JENKS, P. J., taking no part.