Hyperlawhypertext legal database In re Brooklyn El. Railroad 31 N.Y.S. 1126

← Cases

In re Brooklyn El. Railroad

31 N.Y.S. 1126 Court N.Y. Gen. Term Decision date 1894-12-10 English

Delivered by DYKMAN, J.

Contents

Majority

p. 1126
In re BROOKLYN EL. R. CO.
(Supreme Court, General Term, Second Department.
December 10, 1894.)

Headnote

Petition by the Brooklyn Elevated Railroad Company relative to acquiring title to right of way over real estate of Eliza A. Douglass (parcel 138) on Lexington avenue, in the city of Brooklyn.
Hoadly, Lauterbach & Johnson (Henry L. Scheuerman, of counsel), for appellant.
J. Culbert Palmer and Rufus M. Williams, for respondent.

It does not appear in this case that any erroneous principle of law was adopted by the commissioners in making their award, or that any allowance was made for noise. It is not usual for an appellate court to interfere with awards of commissioners upon the question of damages merely, and we find no reason for such interference in this case. The order should be affirmed, with $10 costs and disbursements.