Bartlett v. Village of Tarrytown
New York Supreme Court
Appeal from special term, Westchester county. Eleanor J. Bartlett petitioned for the appointment of commissioners to assess her damages resulting from a change in the grade of a street in the village of Tarrytown, under Laws V. Y. 1883, c. 113, which provides that “ whenever the grade of any street * * * in any incorporated village in this state shall be change or altered, so as to interfere in any manner with any building or buildings situate thereon, or adjacent thereto,…
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Appeal from special term, Westchester county. Eleanor J. Bartlett petitioned for the appointment of commissioners to assess her damages resulting from a change in the grade of a street in the village of Tarrytown, under Laws V. Y. 1883, c. 113, which provides that “ whenever the grade of any street * * * in any incorporated village in this state shall be change or altered, so as to interfere in any manner with any building or buildings situate thereon, or adjacent thereto, or the use thereof, or shall injure or damage the real property adjoining,” the owner may have a commission appointed to…
1Opinion of the CourtPratt, J.
This is an appeal from an award for damages allowed the plaintiff by reason of a change of grade in a street fronting upon the plaintiff’s land. No questions of irregularity in the appointment or in the proceedings of the commissioners are raised. The principal question is whether or not the damages are excessive. With this subject courts cannot interfere, unless the commissioners infringe some rule of law in the course of their proceedings, or fix the damages at an amount so grossly excessive as to indicate passion, prejudice, or fraud.
The counsel for the defendant very ingeniously contends…
2Cases cited1 opinion
- People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
3Cited by4 opinions
- Hunt v. Village of OtegoAppellate Division of the Supreme Court of the State of New York · 1914
- Cook v. StateNew York Court of Claims · 1941
- Folmsbee v. City of AmsterdamNew York Supreme Court · 1892
- In re MyrickNew York Supreme Court · 1891