City of Buffalo v. . Pratt
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Buffalo, made ¡November 5, 1891, which affirmed an order óf Special Term confirming the report of commissioners herein. The respondents took title to their property and acquired the fee in the Terrace in front of their property subject to a perpetual public easement therein, and acquired only the naked legal title to the fee, and are only entitled in this proceeding to nominal damages. (Lewis on Em.
Read the full summary
Appeal from order of the General Term of the Superior Court of the city of Buffalo, made ¡November 5, 1891, which affirmed an order óf Special Term confirming the report of commissioners herein. The respondents took title to their property and acquired the fee in the Terrace in front of their property subject to a perpetual public easement therein, and acquired only the naked legal title to the fee, and are only entitled in this proceeding to nominal damages. (Lewis on Em. Dom. § 500; In re Seventeenth Street, 1 Wend. 262; In re Lewis Street, 2 id. 472 ; In re Thirty-second Street, 19 id.…
1Opinion of the CourtGray, J.
In this proceeding the city of Buffalo sought to acquire the fee in a public place, or street, under authority conferred in a section of the city charter, which reads ag follows, viz:. “The city may take in fee for public streets, alleys and squares, the lands situate within the .boundaries of any of the public streets, alleys or squares in said city, which have been, or shall have been used as public streets, alleys or squares for more than ten years.”
The public street affected by this proceeding was known as “ The Terrace” and had been, concededly, in use as a street for' a great number of…
2Cases cited3 opinions
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Kane v. New York Elevated RailroadNew York Court of Appeals · 1891
- In re Mayor of New-YorkNew York Supreme Court · 1828
3Cited by51 opinions
- Matter of City of N.Y. (Northern Blvd.)New York Court of Appeals · 1932
- Matter of City of New YorkNew York Court of Appeals · 1909
- Matter of City of New York (Ely Avenue)New York Court of Appeals · 1916
- Matter of City of New York (Public Beach)New York Court of Appeals · 1935
- In re One Hundred & Sixteenth StreetAppellate Division of the Supreme Court of the State of New York · 1896
46 more not listed; retrieve them via the Exa API.