In re Myrick
New York Supreme Court
Appeal from special term, Cattaraugus county. Petition by Dorcas S. Myrick for the appointment of commissioners to assess the damages to petitioner’s property resulting from a change of the grade of the street in the village of Olean, on which such property abutted. From an order confirming the award of the commissioners the village appeals.
1Opinion of the CourtDwight, P. J.
The proceeding was under.the provisions of chapter 113 of the Laws of 1883, as amended by those of chapter 281 of the Laws of 1884. The village made answer to the petition for the appointment of commissioners, denying, among other things, that there had been any change or alteration of the grade of the street in question “as contemplated by chapter 113 of the Laws of 1883.” Nevertheless the order appointing commissioners was, as appears by its recitals, made on the consent of the village, and no appeal was taken from that order. Commissioners being thus appointed, the village appeared before…
2Cases cited6 opinions
- Dyckman v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- McCall v. Village of Saratoga SpringsNew York Supreme Court · 1890
- New York & Erie Rail Road v. Corey & SmithNew York Supreme Court · 1850
- Bartlett v. Village of TarrytownNew York Supreme Court · 1890
- Bartlett v. Village of TarrytownNew York Supreme Court · 1889
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