Appellate Division of the Supreme Court of New York, 1908

Terminal Railway of Buffalo v. Ast

Terminal Railway of Buffalo v. Ast
Appellate Division of the Supreme Court of New York · Decided July 15, 1908
127 A.D. 945; 111 N.Y.S. 1147
Terminal Railway of Buffalo v. Ast

Opinion of the Court

Order confirming report of commissioners reversed, report of commissioners set aside and rehearing ordered before a new commission to be appointed by the Special Term, costs to abide the ultimate award of costs in the proceeding. Held, that incompetent evidence on the question of damages was received by the commissioners and that the damages were excessive. All concurred, except McLennan, P. J., and Robson, J., who dissented and voted for affirmance.

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