People ex rel. Flaxman v. Hennessy
New York Supreme Court
Applications for peremptory writs of mandamus requiring the' board of assessors of the city of Hew York to ascertain the loss and damage to the land and buildings of the relators, and to assess the amount thereof upon the property deemed to be benefited 'by the change of grade of streets.
1Opinion of the CourtKappeb, J.
A right to damages caused to abutting property by reason of a change of grade of the street did not exist at common law. The remedy “ must be that, and that only, which the legislature shall give.” See Sauer v. City of New York, 180 N. Y. 32. The only legislation affording such remedy in the city of Mew York is contained in the charter, section 951, which, so far as is here material, provides as follows: “ After the taking effect of this act there shall be no liability to abutting owners for originally establishing a grade; nor any liability for changing a grade once established by lawful…
2Cases cited4 opinions
- Sauer v. . City of New YorkNew York Court of Appeals · 1904
- Hyatt v. . TaylorNew York Court of Appeals · 1869
- People ex rel. Rothschild v. MuhAppellate Division of the Supreme Court of the State of New York · 1905
- Triest v. . City of New YorkNew York Court of Appeals · 1908
3Cited by6 opinions
- People ex rel. Architects' Offices, Inc. v. OrmondAppellate Division of the Supreme Court of the State of New York · 1922
- People ex rel. Massolles v. HennessyAppellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. Boyle v. OrmondAppellate Division of the Supreme Court of the State of New York · 1922
- People ex rel. Flaxman v. HennessyAppellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. Massolles v. HennessyAppellate Division of the Supreme Court of the State of New York · 1912
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