Matter of Torge v. . Vil. of Salamanca
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 30, 1903, which reversed an order of Special Term appointing commissioners to appraise the damages alleged to have been sustained by petitioner by reason of a change of grade in the street in front of premises owned by her.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 30, 1903, which reversed an order of Special Term appointing commissioners to appraise the damages alleged to have been sustained by petitioner by reason of a change of grade in the street in front of premises owned by her. The facts, so far as material, are stated in the opinion Abutting property owners, in incorporated villages, are entitled to damages arising from change of grade of a street, there being statutes giving such right of compensation. (D. 1897, ch. 414, § 159; L.…
1Opinion of the CourtCullen, J.
The petitioner was the owner and possessor of premises in the village of Salamanca, situate at the intersection of Main street and the Erie railroad. In the year 1900 the village by its board of trustees applied to the board of railroad commissioners under the provisions of section 62 of the Bail-road Law to have the crossing of the street over the railroad, which at the time was at grade, changed to an undergrade crossing. Such proceedings were had that in April, 1901, the commissioners made an order directing the change to be made according to certain plans and specifications. The improve…
2Cases cited6 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Dudley v. . MayhewNew York Court of Appeals · 1849
- Heiser v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- In Re Whitmore v. . Vil. of TarrytownNew York Court of Appeals · 1893
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3Cited by25 opinions
- Cimo v. State of New YorkNew York Court of Appeals · 1953
- Johnson v. StateSupreme Court of Georgia · 1930
- Brody v. P. J. LeamyNew York Supreme Court · 1977
- Matter of Lawrence v. Vil. of MamaroneckNew York Court of Appeals · 1934
- Matter of Melenbacker v. . Vil. of SalamancaNew York Court of Appeals · 1907
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