City of Corning v. O'Neill
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, City of Corning, and by the Erie Railroad Company and Public Service Commission, Second District, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Steuben on the 3d day of October, 1916, sustaining exceptions to the report of the commissioners herein, setting aside said report and referring back the same to the commissioners.
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Appeal by the plaintiff, City of Corning, and by the Erie Railroad Company and Public Service Commission, Second District, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Steuben on the 3d day of October, 1916, sustaining exceptions to the report of the commissioners herein, setting aside said report and referring back the same to the commissioners. The opinion of the Special Term is reported in City of Corning v. O’ Neil (96 Misc. Rep. 571).
1Opinion of the Court
Kruse, P. J.:
While at common law an abutting owner is not entitled to recover damages to his premises resulting from a change of grade in a public highway, it is undoubtedly competent for the Legislature to provide for such compensation.
Section 92 of the Railroad Law, for the purpose of carrying out the provisions of the Railroad Law for avoiding and eliminating grade crossings, provides for acquiring lands, rights or easements by condemnation. (Consol. Laws, chap. 49 [Laws of 1910, chap. 481], § 92, as amd. by Laws of 1913, chap. 744.)
In Smith v. Boston & Albany Railroad Company (181 N. Y.…
2Cases cited5 opinions
- Smith v. . Boston Albany Railroad Co.New York Court of Appeals · 1905
- In re the Discontinuance of a Portion of Joiner Street in the City of RochesterAppellate Division of the Supreme Court of the State of New York · 1917
- People Ex Rel. Dole v. Town Board of HamburgNew York Court of Appeals · 1908
- People ex rel. Dawson v. DuffeyAppellate Division of the Supreme Court of the State of New York · 1917
- People Ex Rel. Dawson v. . DuffeyNew York Court of Appeals · 1917
3Cited by3 opinions
- City of Corning v. HolmesAppellate Division of the Supreme Court of the State of New York · 1917
- Benedict v. RobertsNew York Supreme Court · 1961
- Lange v. StateNew York Court of Claims · 1928