Reports of Cases Heard and Determined in the Supreme Court of the State of New York Volume 48

Reports of Cases Heard and Determined in the Supreme Court of the State of New York Volume 48

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...--their report will not be set aside because they charged and received fran the company more than tlw statutory compensation for thetr services. A motion to confirm the report of commissioners appointed to appraise 1.110 damages to be awarded to the owners of land taken for railroad purposes W83 denied and the report was set aside, upon the objection of certain of the properly owners that the commissioners had received from the railroad company compensation for their services exceeding that prescribed by the statute. It did not appear that the commissioners required any stipulation in advance respecting their fees, or that there was any agreement on the subject at any time. After their services were completed they made out a bill which was presented to and paid by the company. Held, that the court erred in setting aside the report. That while it was true that courts will guard against improper influenfifl and will require the avoidance of the very appearance of evil, yet no rule hill yet been established which makes it necessary or proper for the court to set aside a report of commissioners simply because they have charged and received a fair and adequate compensation for the time they have devoted to the discharge of their duties and the services they have performed. The objecting land-owner was present at a meeting of the commissioners, when his counsel requested apostponement, which was opposed by the counsel for the company, who stated, asone ground of his opposition, that the commission was costing the company $100 for every day it was in session. Held, that this was n plain statement that the commissioners would receive over thirty dollars a day, and that any objection which the owner might have should have been then made. more

Product details

  • Paperback | 318 pages
  • 189 x 246 x 17mm | 572g
  • United States
  • English
  • black & white illustrations
  • 1236804341
  • 9781236804341