Wiley v. Village of Tarrytown
New York Supreme Court
Appeal from special term, Westchester county. Petition by W. F. Wiley for the appointment of commissioners to assess his damages resulting from a change in the grade of a street in the village of Tarrytown. The petition was under Laws Y. 1883, c. 113,—the same act under which the petition was filed in Bartlett v. Tillage of Tarrytown, ante, 240,—and the petition in this case was caused by the same change in the grade of a street as caused the petition in that case.
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Appeal from special term, Westchester county. Petition by W. F. Wiley for the appointment of commissioners to assess his damages resulting from a change in the grade of a street in the village of Tarrytown. The petition was under Laws Y. 1883, c. 113,—the same act under which the petition was filed in Bartlett v. Tillage of Tarrytown, ante, 240,—and the petition in this case was caused by the same change in the grade of a street as caused the petition in that case. The commissioners were appointed, and the village of Tarrytown appeals.
1Opinion of the CourtBarnard, P. J.
This appeal is from an order appointing a commission, upon the petition of another land-owner on John street. This petitioner only owned land on the old street, where the village had never established a grade before the extension. On the Bartlett appeal (see ante, 240) we held that the old street was taken as an established highway when the village was incorporated, and that a subsequent change of grade was within the act. The street was lower from one and a half to four feet. The petitioner’s right to a commission is thus established, and the extent of the injury is for the commission.
The…
2Cited by1 opinion
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