Legal Opinion

People Ex Rel. Davidson v. . Gilon

New York Court of Appeals

Decided April 14, 1891PublishedCited by 27 opinions

Appeal from order of the General Term of the Supreme Court in the first judicial department, made October 24,1890, which reversed a determination of the board of assessors of the city of ISTew York upon an assessment for paving Madison avenue, which was brought for review by certiorari, and remitting the proceedings to said board. The facts, so far as material, are stated in the opinion.

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Appeal from order of the General Term of the Supreme Court in the first judicial department, made October 24,1890, which reversed a determination of the board of assessors of the city of ISTew York upon an assessment for paving Madison avenue, which was brought for review by certiorari, and remitting the proceedings to said board. The facts, so far as material, are stated in the opinion. The structure of a surface railroad in a street is not assessable for a pavement thereof under the laws of this state. (Laws of 1813, chap. 86, § 175; Laws of 1882, chap. 410, §§ 869, 870, 878, 879, 915 ; In…

1Opinion of the Court

Huger, Ch. J.

This is an appeal from a judgment of the General Term, in certiorari proceedings, reversing an assessment made by the board of assessors, upon the ground .that they omitted to assess the tracks of the Hew York and Harlem Railroad CJompany for a share of the expenses incurred in repaving Madison avenue in the city of Hew York. The proceedings were instituted under the provisions of the Code and the facts appear in the return made by the board of assessors to the certiorari. It appears tlieréfrom that the relator was the owner of a house and lot on Madison avenue, subject to…

2Cases cited2 opinions

  1. In the Matter of the Petition of CrugerNew York Court of Appeals · 1881
  2. Gilmore v. . City of UticaNew York Court of Appeals · 1890

3Cited by27 opinions

  1. People v. Mobil Oil Corp.New York Court of Appeals · 1979
  2. Chicago, Rock Island & Pacific Railway Co. v. City of OttumwaSupreme Court of Iowa · 1900
  3. Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1895
  4. People v. MarreroAppellate Division of the Supreme Court of the State of New York · 1979
  5. Smith v. . City of BuffaloNew York Court of Appeals · 1899

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