Lawton v. City of New Rochelle
New York Supreme Court
Petition for the appointment of commissioners to determine the damages to which petitioner is entitled by reason of a change of grade of Center avenue in the city of New Rochelle.
1Opinion of the CourtBurr, J.
The petitioner asks for the appointment of commissioners to determine the damages to which he is entitled by reason of a change in the grade of Center avenue, a street in the former village and present city of Rew Rochelle. At common law no right to such damages existed. Radcliffe v. Mayor, 4 N. Y. 195; Heiser v. Mayor, 104 id. 68; Torge v. Village of Salamanca, 176 id. 324, 327.
In 1883 the Legislature of the Stati of Rew York, by an act passed in that year (Laws of 1883, chap. 113) and amended in the succeeding year (Laws of 1884, chap. 287), provided, among other, things, that “ Whenever…
2Cases cited6 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- In Re Whitmore v. . Vil. of TarrytownNew York Court of Appeals · 1893
- Claim of Phipps v. Village of North PelhamAppellate Division of the Supreme Court of the State of New York · 1901
- New York, New Haven & Hartford Railroad v. Village of New RochelleNew York Supreme Court · 1899
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3Cited by2 opinions
- Claim of Lawton v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 1908
- Musto v. Opticare Eye Health Centers., Inc., No. 035 98 63 S (Jun. 15, 1999)Connecticut Superior Court · 1999