In Re Grade Crossing Commissioners of the City of Buffalo
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 14, 1912, which affirmed an order of Special Term confirming the report of commissioners of appraisal fixing the sum of $5,000 as the compensation to be paid to the owner of parcel No. 2 in this proceeding, namely, Lucia C. Halbert, injured by the change of grade of Main street. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 14, 1912, which affirmed an order of Special Term confirming the report of commissioners of appraisal fixing the sum of $5,000 as the compensation to be paid to the owner of parcel No. 2 in this proceeding, namely, Lucia C. Halbert, injured by the change of grade of Main street. The facts, so far as material, are stated in the opinion. There is no statute under which an award for consequential damages, due from the lowering of the tracks of the New York Central railroad on…
1Opinion of the CourtWillard Bartlett, J.
It is manifest from the report and proceedings of the commissioners of appraisal that their award to the respondent represents in part at least the damages supposed to have been done to parcel No. 2 by the lowering of the grade of the New York Central and Hudson River railroad, where it crosses Main street, and the consequent loss of the possibility of ever obtaining switching connections with that railroad. In eliminating the grade crossing at this point, the railroad has been lowered 25.1 feet and Main street has been carried over it by a viaduct with a slight alteration of the street grade…
2Cases cited6 opinions
- New York, New Haven, & Hartford Railroad v. BlackerMassachusetts Supreme Judicial Court · 1901
- South Park Commissioners v. AyerIllinois Supreme Court · 1908
- Hatfield v. . StrausNew York Court of Appeals · 1907
- City of Detroit v. Detroit United RailwayMichigan Supreme Court · 1909
- In re the Grade Crossing CommissionersAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by5 opinions
- City of Los Angeles v. GeigerCalifornia Court of Appeal · 1949
- Matter of Grade Crossing Comrs. of BuffaloNew York Court of Appeals · 1913
- Raymond v. StateNew York Court of Claims · 1955
- Birkett Mills v. FennerNew York Supreme Court · 1913
- In re City of New YorkNew York Supreme Court · 1916