48 Barb. 9 | N.Y. Sup. Ct. | 1865
The following opinion was delivered at the general term.
Unless the commissioners proceeded upon an erroneous principle,, it is not possible to review their determination upon questions of value •and damages. This is a necessary rule and well settled. (Matter of Central Park, 16 Abb. 56. Matter of Freeman Street, 17 Wend. 649. Troy and Boston R. R. v. Lee, 13 Barb. 169.)
A report of commissioners like these is never sent back, whatever may be the number of witnesses who differ in their estimates from the commissioners in their opinions as to the damages. (Matter of William and Anthony Streets, 19 Wend. 678.) I do not find in the report any evidence of an erroneous principle of assessment. It is claimed by the counsel for Staats, that no damages were given for two of his cellars, which will be thrown under the street as widened, but so far
It is so far taken for public use, and is a subject for compensation. The report shows that' the commissioners estimated such lands at much less than lands actually thrown into the street.
I do not find any errors or omissions in the proceedings preliminary and subsequent to the report.
The order should be affirmed.
Brown, Lott and J. F. Barnard, Justices.]