In re Opening of North Fifth St. in City of Olean
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Cattaraugus county. Proceedings for the opening of North Fifth street, in the city '•of Olean, N. Y., through the lands of Mandeville Robins and another. .From an order of the county court affirming an award of damages . made by the commissioners, the said landowners appeal. Reversed.
1Opinion of the CourtWilliams, J.
The judgment and order appealed from should "be reversed, and a hearing ordered before other commissioners, with costs of the appeal to the appellants tq abide event.
The commissioners awarded to the appellants nominal damages - only, apparently upon the ground that there were existing rights of way in third persons over their premises co-extensive with the right < of way to be taken by the city. In 1836 the Olean Land & Hydraulic Company was the owner practically of the whole of what is now -the city of Olean. It caused a map of what it then termed the “Village of Olean” to be made, which…
2Cases cited3 opinions
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- In Re Vil. of Olean v. . SteynerNew York Court of Appeals · 1892
- Matter of AdamsNew York Court of Appeals · 1894
3Cited by2 opinions
- In re the City of BuffaloNew York Supreme Court · 1910
- In re Opening of Eleventh St. in City of OleanAppellate Division of the Supreme Court of the State of New York · 1901