35 How. Pr. 420 | N.Y. Sup. Ct. | 1868
About four acres of the appellant’s land was taken, and the commissioners awarded him $1500. The only question raised upon this appeal is,whether the commissioners should have increased the above amount by allowing consequential damages, based upon the possibility, or even probability, that the particular business in which Akin was engaged might be injured, and his property decreased in value, in consequence of danger to be apprehended from fire emitted from engines used by the company .in running their road. It is quite obvious that the commissioners, in their estimate, have considerably exceeded the actual value of the land for purely agricultural purposes, as their allowance amounts to about $400 per acre. The statute which prescribes the course to be pursued by commissioners, in assessing dam
After a careful examination of the authorities cited by the counsel for the respective parties, we are of opinion-that the commissioners committed no error in their determination, by excluding such consequential damages. (Albany Northern Railroad Co. v. Lansing, 16 Barb. 68. Canandaigua and N. Railroad Co. v. Payne, Id. 273. Troy and Boston Railroad Co. v. Lee, 13 Barb. 169.) These decisions have been too long acquiesced in, as sound expositions of the law upon this question, to be disturbed without substantial reasons therefor. And we conclude that the case at bar does not present features which should induce this court to interfere with the principle settled hy the cases above referred to, or which distinguish this case from those cited. Eo rule, however just and wise in its application, is without exception, wherein it operates harshly, and possibly the case at bar furnishes an illustration. It is quite obvious that the legislature intended that the advantages which would be produced by the establishment of a railroad should compensate, to some extent at least, for the disadvantages consequent thereupon; for it is expressly provided that such advantages shall not be taken into account to reduce the damages to which the owner of the land is entitled.
The appellant has upon his land a flax mill, which he claims will be endangered by fire, and thereby rendered less valuablé. Eow in order to determine the damages
"We are therefore of opinion that the commissioners adopted the proper rule in determining the compensation to which the appellant was entitled, and that the order of the special term should be affirmed, with costs.
Ingalls, Hogébom and Peckham, Justices.]