In re Ives
Appellate Division of the Supreme Court of the State of New York
Appeal by the Town of Ridgeway, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Orleans on the 5th day of July, 1912, confirming the report of commissioners appointed to appraise the damages alleged to have been sustained by the petitioner, William J. Ives, by reason of grading and macadamizing by the authorities of said town of a public highway of said town to which lands owned by said petitioner are…
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Appeal by the Town of Ridgeway, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Orleans on the 5th day of July, 1912, confirming the report of commissioners appointed to appraise the damages alleged to have been sustained by the petitioner, William J. Ives, by reason of grading and macadamizing by the authorities of said town of a public highway of said town to which lands owned by said petitioner are adjacent, with notice of an intention to bring up for review an order of said court in said proceeding entered in said…
1Opinion of the Court
Robson, J.:
This proceeding was begun by the claimant, the respondent William J. Ives, to recover of the town of Ridgeway, pursuant to the provisions of section 59 of the Highway Law (Consol. Laws, chap. 25; Laws of 1909, chap. 30) damages which he alleged he had sustained as the owner of lands adjacent to a public highway of said town by reason of the grading and macadamizing of such highway by the authorities of that town. The record on appeal does not include a case, nor a case and exceptions, and none seems to have been made. *672The printed papers on appeal contain no exception taken in…
2Cases cited3 opinions
- In re CaffreyAppellate Division of the Supreme Court of the State of New York · 1900
- Comesky v. . Village of SuffernNew York Court of Appeals · 1904
- In re BorupAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Train v. SistiNew York Supreme Court · 1932
- Gillespie v. City of Los AngelesCalifornia Supreme Court · 1950
- Gillespie v. City of Los AngelesCalifornia Supreme Court · 1950