Matter of Petition of Deering
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 17,1883, which modified an assessment upon a lot owned by the petitioner in the city of New York, for regulating, grading, etc., Broadway from Manhattan to One Hundred and Thirty-third street. As an item of expenditure was included $624, damages to the Harlem Gas-light Company in taking up and replacing their pipes, required by change of grade.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 17,1883, which modified an assessment upon a lot owned by the petitioner in the city of New York, for regulating, grading, etc., Broadway from Manhattan to One Hundred and Thirty-third street. As an item of expenditure was included $624, damages to the Harlem Gas-light Company in taking up and replacing their pipes, required by change of grade. The assessment upon the lot of the petitioner was $246.95. The order of the General Term required this to be reduced in the proportion that the…
1Opinion of the CourtDanforth, J.
The learned counsel for the city fails to satisfy us that any authority exists for imposing upon the owner of adjacent property, expenses incurred by the gas company in removing and replacing its pipes. These things were not made necessary by the construction of any sewer or culvert, and consequently the ordinances of the city, as cited by him, have no application. For aught that appears here, although authorized to lay its pipes through the public streets (Laws of 1848, chap. 37, § 18), the company took the risk of their location and should be required to make such changes as public…
2Cited by39 opinions
- Union Bridge Co. v. United StatesSupreme Court of the United States · 1907
- Chicago, Burlington & Quincy Railway Co. v. Illinois ex rel. Drainage CommissionersSupreme Court of the United States · 1906
- New Orleans Gas Light Co. v. Drainage Commission of New OrleansSupreme Court of the United States · 1905
- Transit Commission v. Long Island RailroadNew York Court of Appeals · 1930
- New York City Tunnel Authority v. Consolidated Edison Co. of New York, Inc.New York Court of Appeals · 1946
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