Culver Contracting Corp. v. Humphrey

On the theory that the petitioner has been vouched into the proceeding in condemnation and that the city has joined in the petitioner’s application for an order of prohibition, the motion is granted, without costs. More formal proof of these facts may be filed. The jurisdiction of the Supreme Court in condemnation proceedings is determined by statute and the petition thereunder. There is not included within that statutory jurisdiction the power to adjudicate upon damages claimed to have been occasioned to the property of abutting owners during and by reason of the construction of the *826subway.…