People Ex Rel. Janes v. . Dickey
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 11, 1912, which dismissed upon the law, and not in the exercise of discretion, a writ of certiorari and confirmed a determination of the defendant commissioners in a proceeding by relator to recover damages to his premises alleged to have been occasioned by a change of grade under the statutes familiarly known as the Change of Grade Damage Acts.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 11, 1912, which dismissed upon the law, and not in the exercise of discretion, a writ of certiorari and confirmed a determination of the defendant commissioners in a proceeding by relator to recover damages to his premises alleged to have been occasioned by a change of grade under the statutes familiarly known as the Change of Grade Damage Acts. The facts, so far as material, are stated in the opinion. The appellant should be indemnified for the depreciation in market value that…
1Opinion of the CourtWerner, J.
This proceeding is before us on a second appeal. On the first appeal (197 N. Y. 548) the only question was whether the commissioners were right in deciding that they had no jurisdiction to consider the appellant’s claim. We held that they had jurisdiction, and this led to a reversal of the order confirming their determination, with a direction that the matter be heard and considered upon the merits. On the present appeal we are called upon to review an order affirming the determination of the commissioners upon the merits, to the effect that the claimant is not entitled to damages.
The statute…
2Cases cited4 opinions
- Eachus v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1894
- Littlefield v. . LittlefieldNew York Court of Appeals · 1883
- People Ex Rel. Janes v. . StillingsNew York Court of Appeals · 1910
- People ex rel. Bennett v. DickeyAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by16 opinions
- Matter of Grade Crossing Comrs. of BuffaloNew York Court of Appeals · 1913
- Champion Oil Co. v. StateNew York Court of Claims · 1936
- Licht v. State of New YorkNew York Court of Appeals · 1938
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
- West v. StateNew York Court of Claims · 1954
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