Baker v. Mayor of City of Elmira

In brief, the petitioners ask for a peremptory mandamus order directing the mayor and common council of the city of Elmira to appraise and pay the damages to petitioners’ property alleged to have been caused by a change in street grade. Passing the objection that the petition is insufficient and particularly that vital facts are alleged in the alternative, we consider the merits.

The petition alleges that the petitioners are the owners of a valuable mercantile block located on the northeast corner of East Water street and Railroad avenue, public streets of the city of Elmira; on information…