In re Baynes
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Cora M. Baynes, 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 12th day of J uly, 1910, dismissing the petition herein. Order affirmed, with costs, on the opinion of Lambert, J., delivered at Special Term. All concurred.
1Opinion of the Court
The following is the opinion delivered at Special Term:
Lambert, J. :
This is an application under the Highway Law, as amended by, chapter 830 of the Laws of 1906,* for the appointment of commissioners to determine damages to which the petitioner claims she is entitled by reason of the change of grade of. the highway, known as the White’s Corners plank road in the town of Eden, in front of the premises of the petitioner.
Chapter 530 of the Laws of 1906 provides as follows:
“ § 11a. Damages for change .of grade.— In any town in which a highway hereafter shall be repaired, graded and macadamized…
2Cases cited1 opinion
- Smith v. Boston & Albany RailroadAppellate Division of the Supreme Court of the State of New York · 1904