Legal Opinion

Patterson v. City of Binghamton

New York Supreme Court

Decided July 5, 1895PublishedCited by 6 opinions

Appeal from circuit court, Broome county. Action by Edward J. Patterson, as administrator of Jennie Patterson Townsend, deceased, against the city of Binghamton, to recover an award for land condemned for a street. From a judgment for plaintiff, defendant appeals.

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Appeal from circuit court, Broome county. Action by Edward J. Patterson, as administrator of Jennie Patterson Townsend, deceased, against the city of Binghamton, to recover an award for land condemned for a street. From a judgment for plaintiff, defendant appeals. This action was commenced on the 17th day of August, 1892. The complaint alleges that Edward J. Patterson and Jennie Patterson were the owners of a parcel of land situated on the East side of Water street, in the city of Binghamton, In the year 1891; that the defendant, a municipal corporation, about May 13, 1891, instituted…

1Opinion of the CourtHardin, P. J.

Chapter 214 of the Laws of 1888 contains the charter of the city of Binghamton, and in the seventh title sundry sections are found relating to proceedings to open streets. Defendant, under those several sections, instituted its proceedings to open Henry street extension. Section 4 defines to considerable extent the duties of commissioners appointed to appraise the damages to be awarded to parties whose lands or interests therein are taken in virtue of the proceedings. In the language of that section, it is said:

“They shall ascertain and award to the respective owners of property to be taken,…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Utter v. . RichmondNew York Court of Appeals · 1889
  2. Gates v. . De La MareNew York Court of Appeals · 1894
  3. Matter of City of RochesterNew York Court of Appeals · 1892
  4. Magee v. . City of BrooklynNew York Court of Appeals · 1894
  5. Cassidy v. MayorNew York Supreme Court · 1891

3Cited by6 opinions

  1. Patterson v. . City of BinghamtonNew York Court of Appeals · 1897
  2. In re Sea Beach Ry. Co.New York Supreme Court · 1907
  3. Binghamton Opera-House Co. v. City of BinghamtonNew York Supreme Court · 1895
  4. Lyons v. GavinAppellate Terms of the Supreme Court of New York · 1904
  5. Patterson v. . City of BinghamtonNew York Court of Appeals · 1897

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