In re the Grade Crossing Commissioners
Appellate Division of the Supreme Court of the State of New York
Appeals by the petitioners, the Grade Crossing Commissioners of the City of Buffalo, and by The New York Central and Hudson Hi ver ¡Railroad Company and the West Shore Railroad Company, 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' Erie on the 1st day of July, 1908, appointing commissioners of appraisal in the above-entitled proceeding; also appeals by said parties and the city of Buffalo from the…
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Appeals by the petitioners, the Grade Crossing Commissioners of the City of Buffalo, and by The New York Central and Hudson Hi ver ¡Railroad Company and the West Shore Railroad Company, 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' Erie on the 1st day of July, 1908, appointing commissioners of appraisal in the above-entitled proceeding; also appeals by said parties and the city of Buffalo from the report of said commissioners, filed in said clerk’s office on the 13th day of April, 1909 ; and also appeals by all of…
1Opinion of the Court
Spring, J.:
The amount of the awards is not questioned on this appeal. The sole claim of the appellants is that the six-year Statute of Limitations (Code Civ. Proc. § 382, subds. 2 and 3) applies to the claim of each respondent, and that limitation had' expired before the proceeding was commenced.
By the charter of Buffalo (Laws of 1870, chap. 519, tit. 9, § 17) for many years, where the city changed the grade of a street, the owner fronting thereon whose premises were damaged by the alteration was entitled to compensation, and this provision was continued in the present charter enacted in 1891…
2Cases cited11 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- Hindley v. Manhattan Railway Co.New York Court of Appeals · 1906
- Matter of Torge v. . Vil. of SalamancaNew York Court of Appeals · 1903
- Claim of Clark v. Water Commissioners of AmsterdamNew York Court of Appeals · 1895
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