Moore v. . City of Albany
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 28, 1884, which directed judgment for defendant upon a case submitted under section 1279 of the Code of Civil Procedure. The facts stated in the case are substantially set forth in the opinion. The assessment in question took private property for public use without just compensation. (Bouv. Law Dic., tit.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 28, 1884, which directed judgment for defendant upon a case submitted under section 1279 of the Code of Civil Procedure. The facts stated in the case are substantially set forth in the opinion. The assessment in question took private property for public use without just compensation. (Bouv. Law Dic., tit. “Prop.1 Schouler, 4, 5 ; 2 Austin’s Juris. 831, 836; In re Jacobs, 31 Alb. Law Jour. 86 ; 1 Blackst. Com. 138; Walker v. O., C. & N. R. Co., 103 Mass. 10, 14;…
1Opinion of the CourtEarl, J.
Proceedings were instituted on behalf of the city of Albany to grade McCarty avenue, one of the public streets of that city, which was sixty-six feet wide. Ordinances were adopted by the common council, establishing the grade of the street and ordering it to be excavated, filled and formed so as to conform to the grade established, and providing that the excavating, filling and forming be done to the full width of the street, with sufficient angles of slope to protect the banks, and in height and depth to the grade-line of the street.
In pursuance of the ordinances, the board of contract and…
2Cases cited7 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
- People Ex Rel. Williams v. . HainesNew York Court of Appeals · 1872
- Matter of RhinelanderNew York Court of Appeals · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Weston v. . City of SyracuseNew York Court of Appeals · 1899
- Luick v. ArendsNorth Dakota Supreme Court · 1911
- Johnson v. DuerSupreme Court of Missouri · 1893
44 more not listed; retrieve them via the Exa API.