CITY OF YOUNGSTOWN

v.

ERIE RAILROAD CO.

Citator

Cited By

• In re New York, 147 F.2d 40 (2d Cir. 1945)
  …though their judgment may be mistaken. See Ithaca Trust Co. v. United States, 279 U.S. 151, 155, 49 S.Ct. 291, 73 L.Ed. 647; W. T. Grant Co. v. Duggan, 2 Cir., 94 F. 2d 859, 861; Andrews v. Commissioner, 2 Cir., 135 F. 2d 314, 317, certiorari denied 320 U.S. 748, 64 S.Ct. 51. A more cogent argument is based on the Rock Island case, Continental Illinois Nat. Bank & Trust Co. v. Chicago, Rock Island & P. R. Co., 294 U.S. 648, 55 S.Ct. 595, 606, 79 L.Ed. 1110, which held that under § 77 the district court had…
• Miller v. The United States, 620 F.2d 812 (Ct. Cl. 1980)
  …v. United States, 409 U.S. 470, 473, 93 S.Ct. 791, 794, 35 L.Ed.2d 1 (1973). As is obvious from decisions in valuation cases, the term “value” is not a single purpose word. Andrews v. Commissioner, 135 F. 2d 314, 317 (2d Cir. 1943), cert. denied, 320 U.S. 748, 64 S.Ct. 51, 88 L.Ed. 444 (1943); see also 1 Orgel, Valuation Under Law of Eminent Domain § 20, at 93 (2d ed.). In this case, the parties utilized two very different methods of calculating the fair market value of the old-growth redwood timber tak…
• Amerada Hess Corp. v. Commissioner OF Internal Revenue, 517 F.2d 75 (3d Cir. 1975)
  …thod by which that ideal price can be measured under less than ideal conditions. Since “the word ‘value’ almost always ‘involves a conjecture, a guess, a prediction, a prophecy,’ ” Andrews v. Commissioner, 135 F. 2d 314, 317 (2d Cir.), cert. denied, 320 U.S. 748, 64 S.Ct. 51, 88 L.Ed. 444 (1943), quoting, Commissioner v. Marshall, 125 F. 2d 943, 946 (2d Cir. 1942), there is no universally infallible index of fair market value. All valuation is necessarily an approximation. Where, however, the property to be…

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