Reports of Cases Heard and Determined in the Supreme Court of the State of New York Volume 40 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...of the commissioners: Held, that the intent of the act was to leave the question whether substantial injustice had or had not been done in a given case to the commissioners, as one of fact to be finally determined by them, and that the exercise of this power by them would not be reviewed by the courts unless clear excess of jurisdiction or gross abuse and injustice were shown. That the commissioners had the right to apply the maxim de mini/rnis non cwral la to cases where a court of law could not. That their action in his case should be atfirmcd, Wmr or CERTIORARI to review a decision of the respondents a= commissioners, appointed in and by chapter 550 of the Laws of 1880, denying an application of the relator 'for a modification or reduction of an assessment imposed upon petitioner's lands for laying a "sewer in Third avenue, between Ninety-third and One Hundred and Seventh street," which assessment was confirmed January 3, 1873. The petitioner claimed that the assessment was excessive and unjust, in that it included an item for the allowance of damages to gas mains $4,334. ' The cost of the work was for the sewer proper...... $103,437 69 Paving over sewer.............................. 5; 630 50 Expenses surveyor's fees............... $7,638 00 ' ' Expenses inspector's fees... A.......... 4,048 00 Expenses damages to gas mains........ 4,334 O0 i 16,018 00 The commissioners decided that the item of damage to gas mains, under recent decisions of the courts, should not have been included, but that the sum itself, and the proportion charged upon the petitioner's property were so small, about three and one-half per cent, that no substantial injustice had been done to the petitioner thereby and denied...