Legal Opinion

Choate v. City of Buffalo

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899PublishedCited by 10 opinions

Appeal by the plaintiff, Rufus JVI. Choate, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 20th day of June, 1898, upon the decision of the court rendered after a trial at the Erie Special Term.

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Appeal by the plaintiff, Rufus JVI. Choate, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 20th day of June, 1898, upon the decision of the court rendered after a trial at the Erie Special Term. In May, 1892, the Legislature of this State enacted a statute which was entitled : “ An act to authorize the city of Buffalo to take and improve lands for park purposes in the fifth and eleventh wards of said city, and in the town of West Seneca, Erie county.” (Laws of 1892, chap. 466.) In July of the same year the park…

1Opinion of the Court

Adams, J.:

The plaintiff rests his contention as to the invalidity of the assessment which he asks to have vacated upon several separate and distinct grounds, only two of which do we deem it necessary to consider upon this review.

Section 1 of chapter 466 of the Laws of 1892, which authorizes the city of Buffalo to take such lands, streets, highways and turnpikes in the fifth and eleventh wards of the city and in the town of West Seneca, as may be selected by the park commissioners of that city, for one or more public parks or approaches leading thereto, provides that the land thus taken “…

2Cases cited4 opinions

  1. People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
  2. People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
  3. Goodrich v. . RussellNew York Court of Appeals · 1870
  4. In re Buffalo Traction Co.Appellate Division of the Supreme Court of the State of New York · 1898

3Cited by10 opinions

  1. Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
  2. Claim of the Claim for Compensation under the Workmen's Compensation Law, on Account of the Death of Watkinson v. Hotel PennsylvaniaAppellate Division of the Supreme Court of the State of New York · 1921
  3. People v. Mobil Oil Corp.New York District Court · 1979
  4. In re MayorNew York Supreme Court · 1901
  5. People ex rel. Pierce v. HoweNew York Supreme Court · 1926

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