Hyperlawhypertext legal databasebeta In re the Application to Widen Main Street in Port Jefferson 54 N.Y. St. Rep. 936

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In re the Application to Widen Main Street in Port Jefferson

54 N.Y. St. Rep. 936 Court General Term—Second Department. Decision date 1893-07-28 English

Delivered by Pratt. J.

Contents

Majority

p. 936
General Term—Second Department.
Filed July 28, 1893.
In the Matter of the Application to Widen Main Street in Port Jefferson.

Headnote

Application to confirm order of county court, directing that said highway be widened and altered.
Timothy M. Griffing, for application; Strong & Spear, opposed.

This matter has been carefully considered by the county court of Suffolk county, and all the objections raised satisfactorily answered.

All parties have seemed to assume that § 90 of the general highway law passed in 1890. chap. 568, applies to this proceeding, and the matter has been conducted in accordance therewith.

The objection that the awards are unequal and unjust does not come before us in a shape so that we can well refuse to confirm, as no violation of a mile of law in making the award is suggested.

The commissioners making the award view the premises and see the witnesses and can better judge of the amount of damages sustained than a court of review and, unless some error of law is manifest, their award will not be. disturbed.

I think it fair to assume the legislature intended § 90, before referred to, to apply to such a proceeding as the present.

The two opinions of the county court, in which we concur, render it unnecessary to discuss the matter further.

Application confirmed.

Barnard, P. J., and Dykman, J., concur.