Claim of Phipps v. Village of North Pelham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Forth Pelham, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 16th day of May, 1900, upon the decision of the court rendered after a trial at the Westchester Special Term, and also from an order entered in said clerk’s office on the 16th day of May, 1900, appointing commissioners to assess damages.
1Opinion of the Court
Woodward, J.:
This is a proceeding ■ under the provisions of section 159 of the Village Law (Chap. 414, Laws of 1897), and was instituted for the purpose of procuring the appointment of commissioners to assess the damages alleged to have been sustained by reason of a change of grade in First street, village of Forth Pelham, in front of the premises owned by the petitioner. The petition sets forth the jurisdictional facts which were conceded by the defendant, and the learned court, upon a sharp conflict of evidence, made findings of fact and reached conclusions of law entitling the petitioner…
2Cases cited1 opinion
- Claim of Bissell v. Village of LarchmontAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by7 opinions
- Donnelly v. Village of PerryAppellate Division of the Supreme Court of the State of New York · 1982
- Williams v. StateAppellate Division of the Supreme Court of the State of New York · 1970
- Gnecco v. PedersonNew York Supreme Court · 1915
- Lawton v. City of New RochelleNew York Supreme Court · 1906
- Opladen v. Town of IslipNew York Supreme Court · 1939
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