94 N.Y.S. 146 | N.Y. App. Div. | 1905
In 1899 the Legislature of this State, by chapter 257 of the Laws of that year, entitled “An act in relation to Clinton avenue, in the borough of Brooklyn, in the city of New York,”'enacted that “the boundaries of Clinton avenue in the borough of Brooklyn and city of New York are hereby so changed that between Gates avenue and Willoughby avenue the easterly side, or line of. said Clinton avenue shall be twenty feet east of its present easterly side or line, and its westerly side or line shall be twenty feet west of its present westerly side or line. The two strips of land.hereby added to-said avenue shall not be added to its traveled portion, but shall be reserved and preserve
We gather from the record, what the appellant contends, that the commissioners, in fixing the damages sustained by the various property owners, adopted the foot frontage as the basis of calculation, allowing the inside properties, each of which was limited in its use
But it is ui-ged that if the method of ascertaining the damages, was right, it was wrong to assess the benefits upon the foot-frontage plan. The commissioners were obliged to assess the cost,of the improvement upon the property benefited, and it would be very doubtful if they could go beyond the limits of this character of improvement and hold property to be benefited. The same reasoning which would justify the commissioners in estimating damages by the foot front would seem to warrant a like assessment of the cost, which would result,, of course, in practically holding that the benefits were equal to the damages, with the added costs of the proceedings necessary to bring about the result; and this is what has been done in the prtesent case. If the commissioners had held that the damages were merely nominal, and had charged the properties with the expenses of the proceedings, we are of opinion that, no one would have been wronged, and we cannot see that the case
A careful examination of this question persuades us that the result reached by the commissioners is correct—that substantial justice has been done; and as it does not appear that any erroneous principle has been adopted, or that the commissioners have acted from any improper motives, the order confirming their report should be affirmed.
The order appealed from should be affirmed, with costs.
Hirsohberg, P. J., Bartlett and Hooker, JJ., concurred; Jenks, J., taking no part.
Order affirmed, with ten dollars costs and disbursements.
Sic.