Legal Opinion

Livingston v. Mayor

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1831PublishedCited by 139 opinions

Error from the supreme court. The corporation of the city of New-York, in the opening of two streets called Attorney and Ridge streets, took two parcels of land, the fee of which belonged to John R. Livingston, which the commissioners of estimate and assessment reported to be subject to the easement of a right of way over the same, in the parties entitled to lands and premises bounded by and fronting on the streets.

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Error from the supreme court. The corporation of the city of New-York, in the opening of two streets called Attorney and Ridge streets, took two parcels of land, the fee of which belonged to John R. Livingston, which the commissioners of estimate and assessment reported to be subject to the easement of a right of way over the same, in the parties entitled to lands and premises bounded by and fronting on the streets. The loss or damage of Mr. Livingston, in the talcing of the land for Ridge street, was estimated at one dollar ; and he was assessed #41,37 for benefit to adjoining lands owned by…

1Opinion of the Court

The following opinions were delivered :

By the Chancellor.

There seems to be a very little dispute as to the facts _ in this case. But an important question arises as to the rights of the plaintiff in error, as against the persons to whom he had conveyed certain building lots in the city of New-York. His counsel have also raised and argued several constitutional objections to the mode in which damages are directed to be assessed by the laws regulating the laying out and altering streets in that city, which it will be necessary briefly to consider.

Some twenty or thirty years since, the plaintiff…

2Cases cited3 opinions

  1. Whitney v. OlneyU.S. Circuit Court for the District of Rhode Island · 1823
  2. In re MayorNew York Supreme Court · 1829
  3. Bank of Pennsylvania v. LatshawSupreme Court of Pennsylvania · 1822

3Cited by139 opinions

  1. Bauman v. RossSupreme Court of the United States · 1897
  2. Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  3. The People v. . KerrNew York Court of Appeals · 1863
  4. Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
  5. People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851

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