In re Grade Crossing Commissioners
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Erie county. Application of the grade crossing commissioners of the city of Buffalo for the appointment of commissioners to ascertain the compensation of parties injured by change of grade. From an order dismissing the application the board of grade crossing commissioners and Edward Smith appeal. Order affirmed. Seneca street, in the city of Buffalo, runs easterly and westerly. Smith street intersects it, running northerly and southerly.
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Appeal from special term, Erie county. Application of the grade crossing commissioners of the city of Buffalo for the appointment of commissioners to ascertain the compensation of parties injured by change of grade. From an order dismissing the application the board of grade crossing commissioners and Edward Smith appeal. Order affirmed. Seneca street, in the city of Buffalo, runs easterly and westerly. Smith street intersects it, running northerly and southerly. The tracks of the Erie Railroad run northeasterly and southwesterly, and cross Smith street just south, and Seneca street just…
1Opinion of the CourtSmith, J.
This order, at the start, is assailed by the appellants as not authorized by the procedure prescribed by the grade crossing act. The contention is that the ground of dismissal was not one of the issues raided by the answer, and upon this application, the court was given authority only to determine those issues. Section 12 provides that an answer may be interposed by an owner of land so claimed to be injured, or any one interested therein, and that, upon determination of the issues made by those answers, an order is directed for the appointment of commissioners. The respondent railroad…
2Cases cited2 opinions
- Folmsbee v. . City of AmsterdamNew York Court of Appeals · 1894
- Matter of Grade Crossing CommissionersNew York Court of Appeals · 1898
3Cited by1 opinion
- In re West 151st StreetNew York Supreme Court · 1908