Matter of Board of Public Works
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made February J, 1893, which affirmed an order of Special Term confirming the report of commissioners appointed upon the application of the board of public works of the city of Watertown to assess and ascertain damages for extending and opening Clay street in said city, and also from an order of the County Court of Jefferson county appointing such commissioners.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made February J, 1893, which affirmed an order of Special Term confirming the report of commissioners appointed upon the application of the board of public works of the city of Watertown to assess and ascertain damages for extending and opening Clay street in said city, and also from an order of the County Court of Jefferson county appointing such commissioners. It was claimed on this appeal that under the charter the power to open streets and to take lands for that purpose is vested solely in the…
1Opinion of the CourtFihch, J.
Whether this order was void for want of jurisdiction in the court to grant it is the main and principal question argued by the appellants. The charter of the city of Watertown, as amended, (Laws of 1886, chap. 162), provides, among other things, for the opening of new streets and the taking of lands for the same, and vests authority and power for that purpose in the common council. (§§ 7 and 8.) Hpon the application of that body commissioners are appointed to take the necessary lands and assess the damages, whose report, after confirmation by the Special Term, is made final and conclusive. If…
2Cases cited1 opinion
- In re Prospect Park & Coney Island RailroadNew York Court of Appeals · 1881
3Cited by2 opinions
- Cabell v. City of PortlandOregon Supreme Court · 1936
- Harbor & Suburban Building & Savings Ass'n v. Employers' Liability Assurance Corp.New York Supreme Court · 1913