114 N.Y.S. 75 | N.Y. App. Div. | 1908
Five witnesses were sworn before the commissioners by each side as to values. ¡No objection or exception to their evidence was taken. The award made for parcel ¡No. 69 was $40,490, which was $12,638 less than the average damage testified to by the appellants’ witnesses. The award made for parcel ¡No. 47 was $7,390, which was less by $5,118 than the average damages testified to by appellants’ witnesses. The commissioners had the benefit of their personal view and examination of the property, in addition to the oral testimony, and the fact that the awards made were largely under the average of the witnesses sworn by the appellants, and also largely in excess of the damages testified to by the respondent’s witnesses, does not, of itself, require the reversal of the award of the commissioners.
Upon the hearing the appellants called three witnesses, a carpenter, a mason and a plumber, for the purpose of proving the value of the buildings upon parcel ¡No. 69, and offered in evidence itemized statements made by them of the quantity and value of the different materials in such buildings. This evidence was objected to as being offered for the purpose of establishing the structural value or cost of reproducing the buildings. Ruling was reserved, and the evidence received subject to a motion to strike it out. Later counsel directed the attention of the commissioners to this reservation, and moved to strike the evidence out as incompetent, improper and immaterial. Decision was reserved on this motion for the consideration and ruling of the entire commission. The commissioners
The order must be reversed, with costs, and the award and report of the commissioners as to parcels 47 and 69 confirmed, with costs.
Jenks, Hooker, Gaynor and Miller, JJ., concurred.
Order reversed, with cost's, and the award and report of the commissioners as to parcels 47 and 69 confirmed, with costs.