In re Thompson — 15 N.Y. St. Rep. 1011

Majority

p. 1011

IN THE MATTER OF THE PETITION OF HUBERT O. THOMPSON, commissioner of public works of the city of New York, for the appointment of commissioners of appraisal under chap. 490 of the Laws of 1883. (Case of GEORGE HART.^[1] )

Henry W. Beekman, for resp’t; Henry O. Griffin, app’lt.

—As said in the case of Drisler, decided by the court at this term, the award of the commissioners can not be set aside unless the inadequacy be gross or the commissioners fell into some error of principle. We da not think that it can be said that the award is grossly unfair; on the contrary, there is reason to believe that the appellant’s claim was largely fictitious. The commissioners did not err in refusing to award damages to appellant's property by the blasting. It is claimed that his horse was killed by a stone and a building struck. If this was the case there was an actual trespass committed. St. Peter v. Denison ( 58 N. Y., 417 ), for which the land-owner may recover in an action. It was, therefore, not a proper subji ct of consideration in these proceedings. Matter of Thompson, 43 Hun, 416 .

Award and order appealed from should be affirmed, with ten dollars costs.