Hyperlawhypertext legal database In re Metropolitan El. R. Co. 38 N.Y. St. Rep. 881

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In re Metropolitan El. R. Co.

38 N.Y. St. Rep. 881 Court N.Y. Decision date 1891-06-23 English

Delivered by Gray, J.

Contents

Majority

p. 881
In the Matter of the Application of The Metropolitan El. R. Co. In re Watson et al.[1]
(Court of Appeals,
Filed June 23, 1891.)

Headnote

Appeal—Cannot be taeen prom confirmation of award by commissioners.
This court has no jurisdiction to review a decision of the supreme court,. rendered upon the appraisal and report of commissioners appointed by it, to condemn property taken for railroad purposes.
p. 882
Appeal from order of the supreme court, general term, first department, affirming orders confirming awards.
Edwin M. Felt, for app’lt; Julien T. Davies, for resp’t.

I think that this- Court has no jurisdiction to review a decision of the supreme court, rendered upon the appraisal and report of its commissioners. It has been so held in proceedings to acquire property rights taken under the provisions of the general railroad act of 1850, and so, by parity of reasoning, we must hold where the petitioner is incorporated, and proceeds under what is commonly known as the rapid transit act (chap. 606, Laws of 1895). In the latter act, the provisions respecting the acquisition of lands, in invitum the owner thereof, are similar as to the procedure to those prescribed in the act of 1850. However, serious, therefore, the error of the commissioners may have been[1] in the rejection of the proof relating to the prior adjudication in the equity action between these parties, there is no power in this court to review it, upon, an appeal from the order of confirmation.'

Appeal dismissed, with costs to the respondent

All concur, except Finch, J., absent.