People ex rel. Fitch v. Lord
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court" and attested on the 9th day of January, 1895, directed to Daniel Lord and others, commissioners, appointed under chapter 537 of the Laws of 1893, and chapter 567 of the Laws of 1894, commanding them to certify and return to the office of the clerk of the county of Hew York all and singular their proceedings relating to the award of damages to the claimant, Rachel Purdy, sustained through injury to her real property, caused by the…
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Certiorari issued out of the Supreme Court" and attested on the 9th day of January, 1895, directed to Daniel Lord and others, commissioners, appointed under chapter 537 of the Laws of 1893, and chapter 567 of the Laws of 1894, commanding them to certify and return to the office of the clerk of the county of Hew York all and singular their proceedings relating to the award of damages to the claimant, Rachel Purdy, sustained through injury to her real property, caused by the change of grade of the railroad tracks of the Hew York and Harlem Railroad Company in the annexed district of the city of…
1Opinion of the Court
Barrett, J.:
The sole question here presented is whether the commissioners were authorized to award damages to the claimant for changes of grade in front of her premises, made pursuant to chapter 339 of the Laws of 1892. It seems that the act under which the commissioners proceeded (Chap. 567, Laws of 1894) specified chapter 329 of the Laws of 1892 as one of the acts which authorized the change of grade, and did not specify chapter 339. This was evidently a clerical error, for chapter 329 is an enactment entirely foreign to the subject in question. This chapter 329 relates solely to the powers…
2Cases cited4 opinions
- The People Ex Rel. Furman v. . CluteNew York Court of Appeals · 1872
- People Ex Rel. Purdy v. . FitchNew York Court of Appeals · 1895
- People Ex Rel. Brisbane v. ZollNew York Court of Appeals · 1884
- People ex rel. Gage v. LohnasNew York Supreme Court · 1889
3Cited by9 opinions
- People v. GrahamNew York Court of Appeals · 1982
- Branford House, Inc. v. MichettiNew York Court of Appeals · 1993
- McKee Land & Improvement Co. v. SwikehardNew York Supreme Court · 1898
- McKee Land & Improvement Co. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1901
- In re ChapmanAppellate Division of the Supreme Court of the State of New York · 1899
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