Hoy v. Village of Salamanca & Erie Railroad
New York Supreme Court
Motion to confirm the report of commissioners for damages paused by change of grade in a village street.
1Opinion of the CourtMarcus, J.
The commissioners report “ that said permanent change of grade in front of said premises is, and since September 1, 1901, has been a continuous trespass upon the easement of access to claimants’ said premises; and, solely in consequence of said trespass and aside from any other, causes, the rental or useful value of said’ premises was depreciated from said date to the date hereof (July 1, 1907) in the sum of (stating) below what said rental value would have been during said period if there had been no change in the grade of said' street,” etc.
Charles Johns testified that the work was begun in…
2Cases cited8 opinions
- Heiser v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- Matter of Torge v. . Vil. of SalamancaNew York Court of Appeals · 1903
- Bishop v. North Adams Fire DistrictMassachusetts Supreme Judicial Court · 1897
- Claim of Ehrsam v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1899
- In re Grade Crossing CommissionersAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by1 opinion
- Claim of Johns v. Village of SalamancaAppellate Division of the Supreme Court of the State of New York · 1908