In re Grade Crossing Commissioners
Appellate Division of the Supreme Court of the State of New York
Appeal by The Grade Crossing Commissioners of the City of Buffalo and The New York Central and Hudson River Railroad Company from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 8th day of October, 1896, confirming the report of the commissioners appointed to ascertain and report the compensation to he paid to the owners and parties interested in the lands which may be injured by the…
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Appeal by The Grade Crossing Commissioners of the City of Buffalo and The New York Central and Hudson River Railroad Company from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 8th day of October, 1896, confirming the report of the commissioners appointed to ascertain and report the compensation to he paid to the owners and parties interested in the lands which may be injured by the construction of a viaduct over the tracks of the New York Central and Hudson River Railroad Company which cross Michigan street in…
1Opinion of the Court
Follett, J.:
The learned counsel for the New York Central and Hudson River Railroad Company insists- that the order confirming the report of the commissioners should be reversed for four reasons: (1) That none of the property of the respondents having been- taken, they,, as owners and occupants of realty abutting on Michigan street, are not “ lawfully entitled,” under section 12, quoted in the statement of facts, to damages resulting from the construction of the improve- ' ment; (2) that the damages awarded are excessive; (3) that dara- ■ ages were erroneously awarded for diverting business…
2Cases cited7 opinions
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
- Reining v. New York, Lackawanna & Western Railway Co.New York Court of Appeals · 1891
- Folmsbee v. . City of AmsterdamNew York Court of Appeals · 1894
- In re Grade Crossing CommissionersAppellate Division of the Supreme Court of the State of New York · 1896
- Talbot v. New York & Harlem RailroadNew York Court of Appeals · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People Ex Rel. Simon v. . BradleyNew York Court of Appeals · 1913
- In re The Grade Crossing CommissionersAppellate Division of the Supreme Court of the State of New York · 1900
- New York Telephone Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1915
- City of Corning v. HolmesNew York Supreme Court · 1916
- Hoy v. Village of Salamanca & Erie RailroadNew York Supreme Court · 1907
3 more not listed; retrieve them via the Exa API.