Legal Opinion

County of Erie v. . Fridenberg

New York Court of Appeals

Decided October 23, 1917PublishedCited by 36 opinions

Appeal by the plaintiff from, so much of an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 16, 1917, which affirmed so much of a final order in a special proceeding for the condemnation of property for the purposes bf a public highway as included in the compensation awarded to the defendants Fridenberg an item of $1,500 for loss of the water supplying a well.

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Appeal by the plaintiff from, so much of an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 16, 1917, which affirmed so much of a final order in a special proceeding for the condemnation of property for the purposes bf a public highway as included in the compensation awarded to the defendants Fridenberg an item of $1,500 for loss of the water supplying a well. Also an appeal by the defendants Fridenberg from so much of said order as refused to grant to them costs in the special proceeding. The facts, so far as material, are stated in the…

1Opinion of the CourtChase, J.

The defendant Sol. L. Fridenberg is the owner of a farm in the county of Erie. Pursuant to the Highway Law (Article 6) the board of supervisors requested the construction of a county highway in said county which it located so as to pass over said farm. The commissioner approved the highway and a proceeding was commenced in the name of the county to acquire for such highway purposes the property described therein. The court appointed commissioners “ to ascertain the compensation to be made to the owners for the property to be taken for the public use specified.” The property so taken of…

2Cases cited11 opinions

  1. South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
  2. Matter of Application of HoldenNew York Court of Appeals · 1891
  3. Matter of City of BrooklynNew York Court of Appeals · 1895
  4. The Village of Delhi v. . YoumansNew York Court of Appeals · 1871
  5. Trowbridge v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1887

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3Cited by36 opinions

  1. In re Town of IslipNew York Court of Appeals · 1980
  2. Keator v. State of New YorkNew York Court of Appeals · 1968
  3. Matter of Urban Renewal [Patchen Post]New York Court of Appeals · 1978
  4. Matter of City of New York (Rockaway Beach)New York Court of Appeals · 1942
  5. In re City of New YorkNew York Supreme Court · 1948

31 more not listed; retrieve them via the Exa API.

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