McMullen v. Village of Marlborough
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Village of Marlborough, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Ulster on the 24th day of November, 1913, affirming the report of a referee and appointing commissioners to determine plaintiff’s damage by reason of the change of grade of Landing street in the village of Marlborough.
1Opinion of the Court
Smith, P. J.:
This is a special proceeding brought to charge defendant with the damage suffered by the plaintiff by reason of the change of grade of a street adjoining plaintiff’s property. Main street in the defendant village was denominated by the Legislature as a State highway, and said highway was built by the State in such a way that the grade thereof was mate rially raised. Landing street intersects Main .street running beside plaintiff’s premises, and in order to make proper connection the grade of Landing street was raised between two and three feet adjoining plaintiff’s premises. This…
2Cases cited2 opinions
- Matter of Torge v. . Vil. of SalamancaNew York Court of Appeals · 1903
- In Re Whitmore v. . Vil. of TarrytownNew York Court of Appeals · 1893
3Cited by2 opinions
- Maguire v. Village of CrosbySupreme Court of Minnesota · 1929
- Matter of Lawrence v. Vil. of MamaroneckNew York Court of Appeals · 1934