Torts · MBE-tested

The People ex rel. Nathan B. Warren et al., Respondents, v. Edward Carter et al., Appellants

119 N.Y. 654·New York Court of Appeals·1890·NY

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Opinion

The People ex rel. Nathan B. Warren et al., Respondents, v. Edward Carter et al., Appellants. In proceedings under the act of 1880 (Chap. 369, Laws of 1880), to review .an assessment,’ where it appears to the court that the assessors have acted “ with gross negligence,” costs may be awarded against them. [MAJORITY] This case presented the same questions and was argued and decided with People ex rel. v. Carter (ante, p. 557). The additional question was presented here as to the right to allow costs against defendants. As to this the court say: “ The court having found that the assessors acted with gross negligence in assessing the property at $50,000 in 1888, was .authorized by the statute (§ 6) to impose costs upon them.”