Sully Chick v. Grade Crossing Commissioners of City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by Betsey Sully Chick from so much of 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 22d day of March, 1897, confirming the report of the commissioners in this proceeding, as denies her application for an extra allowance' for costs on the ground that there was no authority or power vested'in the court for the granting of such allowance.
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Appeal by Betsey Sully Chick from so much of 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 22d day of March, 1897, confirming the report of the commissioners in this proceeding, as denies her application for an extra allowance' for costs on the ground that there was no authority or power vested'in the court for the granting of such allowance. This proceeding was instituted by the grade crossing commissioners of the city of Buffalo under the ¡irovisions of chapter 345 of the Laws of 1888 to condemn a parcel of…
1Opinion of the Court
Adams, J.:
■ The appellant’s -property having been taken .for a public improvement, it is manifestly just and fair that she should not only be reasonably compensated therefor, but that she should be indemnified against all costs and expenses which she has incurred in her efforts to obtain adequate and proper damages for the property thus appropriated. (Matter of the City of Brooklyn, 148 N. Y. 107.) Indemnity by v/ay of costs is, however, not an inherent right. It is rather one which is created by statute, and can only be obtained in cases which are clearly, brought within the operation…
2Cases cited3 opinions
- Matter of Application of HoldenNew York Court of Appeals · 1891
- Matter of City of BrooklynNew York Court of Appeals · 1895
- In re Grade Crossing CommissionersNew York Supreme Court · 1897
3Cited by2 opinions
- In re the Voluntary Dissolution of Tarrytown, White Plains & Mamaroneck Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Western New York Water Co. v. Public Service CommissionNew York Supreme Court · 1953