Legal Opinion

Sage v. . City of Brooklyn

New York Court of Appeals

Decided May 30, 1882PublishedCited by 70 opinions

Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made July 8, 1880, which affirmed a judgment, in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought to recover the amount of an award made to plaintiffs for an interest in lands taken for the widening of Sackett street, in the city of Brooklyn. The material facts are stated in the opinion.

1Opinion of the Court

Andbews, Gh. J.

The legislature by chapter 631, Laws of 1868, widened Sackett street in the city of Brooklyn, to the width of two hundred and ten feet. The commissioners of Prospect Park were directed by the act to take proceedings within sixty days after its passage, to open, grade and otherwise improve the street, and for the purpose of determining the amount to be paid to the land-owners for the lands required for the improvement, to apply to the court upon notice to be personally served on the counsel of the city, and to be also published for ten days in the corporation newspaper, for the…

2Cases cited5 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
  3. Gardner v. Trustees of Village of NewburghNew York Court of Chancery · 1816
  4. New York & Brooklyn Saw-Mill & Lumber Co. v. City of BrooklynNew York Court of Appeals · 1878
  5. Chapman v. . GatesNew York Court of Appeals · 1873

3Cited by70 opinions

  1. Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
  2. Genet v. . City of BrooklynNew York Court of Appeals · 1885
  3. Litchfield v. . BondNew York Court of Appeals · 1906
  4. Reilly v. . City of AlbanyNew York Court of Appeals · 1889
  5. Erie Railroad v. PurdySupreme Court of the United States · 1902

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