Hyperlawhypertext legal database In re the Brooklyn Elevated Railroad 90 N.Y. Sup. Ct. 615

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In re the Brooklyn Elevated Railroad

90 N.Y. Sup. Ct. 615 Court N.Y. Gen. Term English

Judges Brown, P. J., and Cullen, J., concurred.

Delivered by Dykman, J.:

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p. 615
In the Matter of Petition of the Brooklyn Elevated Railroad Company Relative to Acquiring Title to Land, etc., on Lexington Avenue, Brooklyn. (Lands of Poellman.)

Final order affirmed, with costs.—

It does not appear in this case that any erroneous principle 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 ten dollars costs and disbursements.

Brown, P. J., and Cullen, J., concurred.