McCall v. Village of Saratoga Springs
New York Supreme Court
Appeal from special term, Saratoga county. Petition by John McCall and others for the appointment of commissioners to assess their damages from a change in the grade of a street in the village of Tarry town. The commissioners were appointed, and the village appeals.
1Opinion of the CourtLandon, J.
Warren street and Lake avenue were for several years prior to 1887 public highways, and cared for as such by the village authorities.. Their grade was the natural grade of the surface of the earth, except as slight inequalities in the natural surface had been removed by throwing the earth-from the higher to the lower places. The petitioners had built their houses on the streets while the natural grade continued. In 1887 the village authorities established a different grade from the natural one, and changed the surface of the street accordingly, making excavations in so doing, as the…
2Cases cited2 opinions
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Wiley v. Village of TarrytownNew York Supreme Court · 1889
3Cited by5 opinions
- Less v. City of ButteMontana Supreme Court · 1903
- In re GreerAppellate Division of the Supreme Court of the State of New York · 1899
- Folmsbee v. City of AmsterdamNew York Supreme Court · 1892
- In re GreerAppellate Division of the Supreme Court of the State of New York · 1899
- In re MyrickNew York Supreme Court · 1891