Claim of Johns v. Village of Salamanca
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the claimant, Augusta Johns, and by the defendants, The Village of Salamanca and another, from a final order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Cattaraugus on the 18th day of January, 1908, affirming in part and disaffirming in part the report of commissioners appointed to ascertain damages herein.
1Opinion of the Court
Williams, J.:
The order should be reversed and an order made directing a rehearing before new commissioners to be appointed by the Special Term. Ho costs to either party in this court. The proceeding was instituted by the property owner claiming damages under chapter 113 of the Laws of 1883, as amended by chapter 281 of the Laws of 1884, and chapter 172 of the Laws of 1894. The commissioners allowed both damages to the fee and rental damages. The court at Special Term confirmed as to the fee damages and disaffirmed as to the rental damages. (See Matter of Hoy v. Village of Salamanca, 57 Misc.…
2Cases cited6 opinions
- In Re the Trustees of the New York & Brooklyn Bridge to Acquire Lands of ClarkNew York Court of Appeals · 1893
- Matter of Torge v. . Vil. of SalamancaNew York Court of Appeals · 1903
- Manhattan Railway v. O'SullivanAppellate Division of the Supreme Court of the State of New York · 1896
- Matter of Petition of SquireNew York Court of Appeals · 1891
- In re Central New York Telephone & Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Town of Nichols v. ParkAppellate Division of the Supreme Court of the State of New York · 1924
- Johns v. Village of SalamancaNew York Supreme Court · 1910
- Johns v. Village of SalamancaAppellate Division of the Supreme Court of the State of New York · 1908