People ex rel. Dole v. Town Board of Hamburg

The relator is the owner and occupant of premises situated in the town of Hamburg. His dwelling-house on said premises fronted on Clark street, a public highway, which is crossed by the Buffalo and Susquehanna Railway Company. By order of the State Board of Railroad Commissioners Clark street was elevated to enable the railroad to cross under it, which it does. This crossing made in that manner substantially impaired the right of access t-o the street as theretofore enjoyed by the relator. He made a claim for damages against both the town and the railroad and both repudiated it. He then…