In re Pierce
New York Supreme Court
At chambers. Petition by Madeline Pierce for an order that the comptroller of the city of New York be directed to pay to her damages awarded by the board of commissioners of estimate and assessments for injuries caused by opening Girard avenue to property conveyed to her after the report of the commissioners had been confirmed.
1Opinion of the CourtLawrence, J.
It was held in King v. City of New York, 102 N. Y. 171, 6 N. E. Rep. 395, that where, under a statute closing a highway, damages were directed to be awarded and paid to the owners of premises injured by the closing, the right to such damages was personal, and belonged to one who was the owner at the time of the closing, although before the award he had conveyed his title; and in that case it was also held, the owner having conveyed the premises after the statutory closing of the highway bounding the lands conveyed by the highway, that the deed did not convey an easement in the highway which…
2Cases cited2 opinions
- King v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
- Mayor v. CurranNew York Court of Common Pleas · 1889