16 Barb. 68 | N.Y. Sup. Ct. | 1852
The commissioners were required “ to view the premises and hear the proofs and allegations of the parties.” Having done this, they were required, without any unnecessary delay, to proceed to determine the compensation, &c. The order in which they -would proceed in the discharge of this duty was a matter wholly within their discretion. They might not omit to hear the proofs and allegations of the parties, but whether they would hear these before or after viewing the premises, it was for them to decide. So, whether one party or the other should be first heard, was for them to determine. Having decided that the counsel for the railroad corporation might open and close the hearing, the defendant was concluded by their decision. If, on the other hand, the same privilege had been awarded to the owner of the land, it would have furnished no ground of objection to the validity of the proceedings. The decision of the commissioners in this respect was, perhaps, more in analogy to judicial proceedings, than to have allowed the owner to close the case, but it is enough to say that the commissioners had the right to hear the proofs and allegations in such order as they might deem most conducive to justice between the parties.
Nor do I think the commissioners have erred in the principle adopted by them as the basis of their appraisal. The subject of appraisal was “ the real estate proposed to be taken.” This they were required to view. It was in respect to this, that they were to hear the proofs and allegations of the parties. And then, as if to exclude all speculation as to the effect of the construction of the proposed road, they are prohibited from making any “ allowance or deduction on account of any real or supposed benefit which the parties may derive from such construction.” The obvious intention of the legislature was, to confine the commissioners to an estimate of the price to be paid by the railroad company to the owner upon this involuntary sale of his land, regardless of the benefits or injuries which might result to him as the owner of adjoining land, in consequence of the contemplated improvement. This legislative intent is, I think, very successfully embodied in the rule adopted by the commissioners.
Harris, Justice.]
As there was no error either in rejecting the evidence offer•ed, or in -the principle adopted by the -commissioners- as the basis of their appraisal, there Is no ground -for-disturbing the report, ••and the .-application to send it -back for review, must .be denied.