Legal Opinion

People ex rel. Washburn v. Common Council

Appellate Division of the Supreme Court of the State of New York

Decided September 17, 1908PublishedCited by 6 opinions

Certiorari 'issued out of the Supreme Court and attested on the 8th day of May, 1907, directed to the Common Council and the City Clerk of the City of Gloversville, commanding them to certify and return to the office of the clerk of the Appellate Division for the Third Department in the city of Albany all .and singular the proceedings had in taking the lands of the relator for highway purposes.

1Opinion of the Court

Smith, P. J.:

In these proceedings commissioners to ascertain .and assess damages were duly appointed by the county judge of Fulton county pursuant to the city charter. They conducted hearings and viewed the premises, and finally made a report allowing relator, among others, certain sums for damages to her premises, which amounts she now complains of as inadequate.

The first part of the award in question allows relator the sum of $409.34 for damages on account of the taking by the city of a wedge-shaped strip of land south of her residence four and one-half feet wide on its west end, bounded by…

2Cases cited11 opinions

  1. Welsh v. . TaylorNew York Court of Appeals · 1892
  2. City of Buffalo v. . PrattNew York Court of Appeals · 1892
  3. In Re Vil. of Olean v. . SteynerNew York Court of Appeals · 1892
  4. Horey v. . Village of HaverstrawNew York Court of Appeals · 1891
  5. In re One Hundred & Sixteenth StreetAppellate Division of the Supreme Court of the State of New York · 1896

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3Cited by6 opinions

  1. Crouch v. StateAppellate Division of the Supreme Court of the State of New York · 1926
  2. City of Bellevue v. UnderwoodWashington Supreme Court · 1962
  3. Miller v. SouthardSouth Dakota Supreme Court · 1917
  4. Joint School District No. 1 v. BoschWisconsin Supreme Court · 1935
  5. Valentine v. LamontNew Jersey Superior Court Appellate Division · 1952

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