19 Wend. 651 | N.Y. Sup. Ct. | 1839
who held the special term, overruled the first objection, and in reference to the second and similar objections by other parties, delivered the following opjnion .
I do not deny that cases may arise in which a reconsideration of the report should be awarded, upon the mere weight of evidence ; but to induce to such a course, the facts should be of a very decisive character, and border strongly on the conclusive. I am not prepared to say that, in reviewing the decision of these commissioners, even a prima facie case against their award, derived from proofs independent of their opinion, should be listened to as a valid objection. It must, in general, be enough to sustain their estimates and assessments, that no positive rule of law has been violated. If we do not find that the legal interest of the tenant, owner, &c. has been misapprehended, their decision then stands as a matter of opinion on the value of an article in the market. So many considerations of time, locality and other circumstances enter into the estimate, that the only means of finally settling the question is an appraisal. That is committed by the statute to commissioners appointed by this court and carefully selected. 2 R. L. of 1813, 409, § 178. They have power, and it is made their duly, to view the premises if necessary, examine experts to whom they may administer an oath, and explore all the best sources of information. Id. 410. Statutes, sess. of 1818, p. 196, § 2. With these means they generally combine a considerable degree of previous local knowledge. Great differences of opinion may and frequently do exist among witnesses. It is hardly ever safe to disturb the decision of such a question, or any other question of fact, made by the tribunal to whom it is primarily committed. Whether it come from a jury, a master, referees or commissioners, we must be governed by the same principle. The very circumstance that it is open to difference of opinion should lead us to conclude that the first decision can rarely be bettered by a reversal founded on the partial and refracted light of an appellate tribunal.
The sending back of the report on the ground taken, is in the nature of granting a new trial, because the first verdict was against the weight of evidence. 2 R. L. 413, § 178. My object is, to have the estimate and assessment of the Baehr property thoroughly re-examined and reconsidered.
Rule accordingly.
At the special term in April, 1837, an amended report was presented and confirmation asked.. The confirmation was opposed by R. Sedgwick as counsel for the trustees of Baehr’s estate; and upon that occasion Mr. Justice
The estimate of loss and damage, &c. in taking the lands belonging to Christian Baehr’s estate has been reviewed by the commissioners ; and upwards of $600 (it is said about $16 per square foot) added to the former estimate.
An objection is interposed that the estimate is still too low. This is founded on the assumption of two things ; first, that the value of the premises in question, in the same hands with the land taken from the adjoining Graham lot, and correctly valued at upwards of $11,000, must be taken as the true value of both ; secondly, (upon several affidavits,) that both together would command in market $20,000; whence it is sought to be inferred that the Baehr premises are worth more than $8000, or whatever the excess of both over the Graham lot would amount to. The commissioners took a different line of enquiry. They asked witnesses, Were you the owner of Baehr’s lot, what would you give for Graham’s? And what is the value of Baehr’s? A number of gentlemen answered : from the mean of whose affidavits the amended estimate is taken, at $2240. Looking at the appraisals of contiguous lands confirmed or acquiesced in, as well as actual sales, there are coincidences which go to fortify the estimate now made.
It is moreover conceded that, when this matter was before me in the first instance, I mistook the real amount of disparity between the valuation of the premises now in question and of the Baehr land formerly taken for widening Wall-street. According to what I now understand, there is perhaps a fair approximation to the Wall-street valuation, considering this corner as much shorn of some of its former advantages by that improvement. I understand on the former argument that a valuation on the Wall-street basis would be satisfactory. The necessity of a purchase to car ry out the Graham lot, is not absolute ; though it certainly exists in a degree; while the inconvenience of owning this small strip alone, creates a countervailing necessity. So far as opinions are concerned, they stood before and still stand,