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In re Board of Water Supply

149 N.Y.S. 1071 Court N.Y. App. Div. Decision date 1914-11-11 English

Decision Majority — PER CURIAM. · Dissent — SMITH, P. J., and HOWARD, J.,

Contents
p. 1071
In re BOARD OF WATER SUPPLY OF CITY OF NEW YORK.
(Supreme Court, Appellate Division, Third Department.
November 11, 1914.)

Headnote

In the matter of the application of the Board of Water Supply of the City of New York under section 42, c. 724, Laws "1905, as amended by section 9, c. 314, Laws 1906. Business Damage Commission No. 3; John D. W. Du Mond, claimant.

Award reversed, upon the ground that the damages are excessive, and new hearing granted, with costs to appellant to abide event, unless the claimant stipulates to reduce the damages to $1,500, in which case the award is so modified, and, as modified, affirmed, without costs.

dissent, upon the authority of Matter of New York Water Supply, 211 N. Y. 174 , 105 N. E. 213 .

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