King v. . Mayor, Etc., of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, made June 16, 1884, in favor of plaintiffs, entered upon a case submitted under section 1279 of the Code of Civil Procedure. (Reported below, 18 J. & S. 406.) The matter in controversy was as to the right to an award of damages to certain premises by the closing of the Bloomingdale road, which amount was claimed by plaintiffs and by defendant, The Trustees of St. Patrick’s Cathedral.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, made June 16, 1884, in favor of plaintiffs, entered upon a case submitted under section 1279 of the Code of Civil Procedure. (Reported below, 18 J. & S. 406.) The matter in controversy was as to the right to an award of damages to certain premises by the closing of the Bloomingdale road, which amount was claimed by plaintiffs and by defendant, The Trustees of St. Patrick’s Cathedral. On the 25th day of April, 1871, Edward King and Wm. Henry King were the owners in fee of certain lots of land situate on…
1Opinion of the CourtFinch, J.
The first question presented by this appeal is as to the ownership of an award of damages for the closing of the Bloomingdale road. That road ceased to be a public highway, in March, 1868, when Edward and William Henry King were the owners of premises injured hy the closing, and who, under the provisions of the statute, became entitled to all damages which might be awarded for the injury done. The right to those damages at once accrued, and although they were not fixed and ascertained until after the conveyance by Kings to Brennan and by the latter to the trustees of the cathedral, the fact…
2Cases cited1 opinion
- Green v. . CollinsNew York Court of Appeals · 1881
3Cited by45 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- In re the Mayor, Aldermen & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1909
- Lankin v. TerwilligerOregon Supreme Court · 1892
- Tarolli v. Westvale Genesee, Inc.New York Court of Appeals · 1959
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