Simms v. City of Brooklyn
New York Supreme Court
Appeal from special term, Kings county. Action by Maria O. Simms, as executrix of Henry 0. Simms, deceased, against the city of Brooklyn, to recover an award made for land taken for street purposes. Judgment was entered in favor of defendant, and plaintiff appeals.
1Opinion of the CourtBrown, P. J.
This action was brought to recover the amount of an award made by commissioners for land taken for the widening of North Second street in the city of Brooklyn pursuant to chapter 559 of the Laws of 1871. No question arises as to the *860liability of the city for the amount of the award, and the only contention is as to the person entitled to receive it. The title to the land taken for the improvement vested in the city by force of the act referred to, but, as I understand the evidence, the improvement had not been made when the deeds hereinafter referred to were executed, but the street and the…
2Cases cited3 opinions
- Magee v. . City of BrooklynNew York Court of Appeals · 1894
- Charde v. City of BrooklynNew York City Court · 1894
- Engelhardt v. City of BrooklynNew York City Court · 1892