Matter of Grade Crossing Commissioners
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 21, 1891, affirming an order made at Special Term overruling a demurrer to a petition of the grade crossing corn-missioners of the city of Buffalo, asking for the appointment of commissioners to ascertain the just compensation to be paid to the owners of lands injured by changing the grade of Main street in said city under chapter 345 of the Laws of 1888, as…
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 21, 1891, affirming an order made at Special Term overruling a demurrer to a petition of the grade crossing corn-missioners of the city of Buffalo, asking for the appointment of commissioners to ascertain the just compensation to be paid to the owners of lands injured by changing the grade of Main street in said city under chapter 345 of the Laws of 1888, as amended by chapter 255 of the Laws of 1890 and chapter 253 of the Laws of 1892, and appointing commissioners for the…
1Opinion of the CourtVann, J.
In this case no land was taken for the improvement and no overhead structure was erected, but an excavation was made across Main street in the nature of a subway, in which the tracks of the railroad were laid. The excavation was covered with steel beams, upon which a paved passageway was built for use as a street. This alteration, according to the plan adopted by the grade crossing commissioners, required the grade of Main street “ to be changed over the beam tunnel, commencing at a point about one hundred and fifty feet south of the tracks” of the railroad company; “ thence on a four per…
2Cases cited1 opinion
- Matter of Grade Crossing CommissionersNew York Court of Appeals · 1898
3Cited by6 opinions
- People Ex Rel. Simon v. . BradleyNew York Court of Appeals · 1913
- Matter of Grade Crossing CommissionersNew York Court of Appeals · 1901
- In re of the Application of Grade Crossing CommissionersAppellate Division of the Supreme Court of the State of New York · 1899
- In re Grade Crossing CommissionersAppellate Division of the Supreme Court of the State of New York · 1899
- In re Grade Crossing CommissionersNew York Supreme Court · 1900
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