Matter of Grade Crossing Comrs. of Buffalo
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 5, 1913, in so far as it affirmed an order of Special Term confirming the report of commissioners of appraisal in the above-entitled proceeding. The facts, so far as material, are stated in the opinion. There is no statute under which an award can be sustained for consequential damages due to the elevation of the New York Central on its own right of way.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 5, 1913, in so far as it affirmed an order of Special Term confirming the report of commissioners of appraisal in the above-entitled proceeding. The facts, so far as material, are stated in the opinion. There is no statute under which an award can be sustained for consequential damages due to the elevation of the New York Central on its own right of way. (Radcliff v. Mayor, etc., of Brooklyn, 4 N. Y. 195; Bennett v. L. I. R. R. Co., 181 N. Y. 432; City of Detroit v. D. U.…
1Opinion of the CourtMiller, J.
This is a proceeding under section 12 of the Buffalo Grade Crossing Act (L. 1888, ch. 345, as amended by L. 1890, ch. 255). The appeal involves the award for damage parcel No. 4, which lies in an angle formed by the intersection of Colvin street and the New York Central and Hudson River Railroad belt line. . The grade crossing at that point was abolished by elevating the railroad tracks and by depressing the street. Damages have been awarded for the change in the grade of the railroad as well as in that of the street.
Said section 12 provides in part, “If the commissioners shall decide that it…
2Cases cited7 opinions
- Bennett v. . Long Island Railroad Co.New York Court of Appeals · 1905
- Matter of Grade Crossing CommissionersNew York Court of Appeals · 1898
- People Ex Rel. Janes v. . DickeyNew York Court of Appeals · 1912
- Leffmann v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- Matter of Grade Crossing CommissionersNew York Court of Appeals · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Askey & Hager, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1934
- N.Y.C.R.R. Co. v. . MaloneyNew York Court of Appeals · 1922
- In re BraicoAppellate Division of the Supreme Court of the State of New York · 1932
- New York Central Railroad v. MaloneyNew York Court of Appeals · 1922
- Burmaster v. StateAppellate Division of the Supreme Court of the State of New York · 1919
10 more not listed; retrieve them via the Exa API.