Folmsbee v. . City of Amsterdam
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 22,1892, which affirmed a judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 22,1892, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover damages to certain lots belonging to plaintiff on Spring street, in the city, formerly the village, of Amsterdam, alleged to have been caused by changing the grade of the street, and also to vacate an assessment upon said lots for sidewalks constructed in front of them on Spring and Kimball streets. The premises in question were…
1Opinion of the CourtEarl, J.
This action was brought by the plaintiff to recover damages to his lots bounded on Spring street in the city of Amsterdam,' caused by changing the grade of the street, and also to vacate an assessment made upon the lots for sidewalks constructed in front thereof on Spring and Kimball streets. The plaintiff recovered a judgment for his damages and vacating the assessment, and that judgment is brought under review by this appeal.(1) Except as some statute may provide for compensation to an abutting owner whose land is injured by a change in the grade of a street, lawfully made, he is without…
2Cases cited2 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- O'Reilley v. . City of KingstonNew York Court of Appeals · 1889
3Cited by43 opinions
- Blair v. City of CharlestonWest Virginia Supreme Court · 1896
- People Ex Rel. Municipal Gas Co. v. Public Service CommissionNew York Court of Appeals · 1918
- Thorberg v. City of HoquiamWashington Supreme Court · 1914
- Matter of Grade Crossing CommissionersNew York Court of Appeals · 1898
- Terrace Hotel Co. v. State of New YorkNew York Court of Appeals · 1967
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