The New York State Reporter (Volume 37) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1891 Excerpt: ... "walter Langdon, Pl'ff, t;. The Mayor, Etc., Of New York, Deft (Supreme Court, General Term, First Department, Filed February 13, 1891.) 1. Eminent Domain--Compensation For Taking Bulkhead Bights. Where the c-ity by the construction of a new bulkhead wall has takeu away the ribhts of an owner of a bulkhead, the measure of compensation of the latter for such deprivation is not necessarily limited to a capitalization of the amount which might have been received at such bulkhead for wharfage and cranage, but he is entitled to receive what he could have obtained in the market for these rights, viz.: the sum for which it could have been sold, whether its value arose from preferential rights of the large steamship companies, or the right to collect wharfage. 2. Same--Evidence. Reports of the dock department showing that they had bought bulkhead property and wharf rights is admissible as an admission that similar property had been purchased at certain prices; if the property purchased was different from what the admission would imply, the city should show that fact by other evidence. Motion on the part of the defendants to confirm referee's report, and motions by the plaintiff to set aside referee's report, and for a new hearing. Thomas P. Wickes, for deft; W. H. Peckham and W. J. Afarrin, for pl'ff. Van Brunt, P. J.--It has been determined in this action that the plaintiff was entitled to recover from the defendant the value of the property which was taken by the defendant in the construction of its new bulkhead wall in front of plaintiff's bulkhead, and the reference which has resulted in the report now before us was to take proof and report the same with his opinion as to the value of the property so taken both at the time of the taking of the property ana also...